MagicbyAlfred wrote:I'm sorry Tom if you either did not understand, or simply decided to blur the distinction between the NON-Copyrightability of a magic trick and the copyrightability of an original performance, in Teller's case, "Shadows." You called my statement that a magic trick could not receive copyright protection "nonsense." You were clearly and indisputably wrong. I cited the court's express statement that "magic tricks are not copyrightable." Did you not read that? I understand that, above all, you do not want to do the gentlemanly thing of simply admitting you were wrong, and are going to stand, at all costs, by your unjustified (and now-discredited) attack on my statement (and that of the court) as being "nonsense." As far as I'm concerned, my discussion with you on this point is over, Dude. I am simply too busy to pursue it further, because I am arguing with Steven Spielberg right now that I know more about film directing than he does...
What the US court said makes little sense. Probably because they didn’t know the topic at hand. So you have to go after the outcome
"While Dogge is correct that magic tricks are not copyrightable, this does not mean that 'Shadows' is not subject to copyright protection. Indeed, federal law directly holds 'dramatic works' as well as 'pantomimes' are subject to copyright protection, granting owners exclusive public performance rights."
Magic routines are ”dramatic works”, so the outcome was correct. Exactly what they mean with the first sentence is unclear, since they then immediately contradict what they’ve just
Maybe they mean public domain tricks? Or simple tricks below the threshold of originality, like pulling your thumb off? Or maybe they mean sleights - in the style of ”chords can not be copyrighted, but music compositions can.”?
Don’t know, but it seems clear they have no idea what the nature of a magic routine is. But they still recognized Teller’s trick as a dramatic work, and acted accordingly.
As they would do in any other magic related case. They might phrase it in weird ways, but the outcome would be equal to the outcome any other artistic field would have.
Teller did not lose, regardless of how much you argue otherwise. His magic trick was found to be a dramatic work, and covered by copyright.