Easy to Make Children's Magic Props

Discuss the art of Children's Entertainment with your fellow performers.
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Spellbinder
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Easy to Make Children's Magic Props

Postby Spellbinder » January 8th, 2022, 1:06 am

Using Themed Coloring Books from the Dollar Store, you will find all the illustrations you need to make a variety of Kid's Magic on paper and cardboard... a version of Instant Art, Two Card Monte, Four Card Monte, D'Lite-ful Cards, Forgetful Santa or other characters ... and more. New methods of performing these old faithful tricks guarantees that no other magicians will be performing YOUR show, and no kids will be shouting, "I saw that before!". This is all contained in The Wizards' Journal #41 with examples made by Jim Gerrish for a Christmas Themed set of props that can easily be made with new themes from Dollar Store (or low cost) Coloring Books for Valentine's Day, Easter, The 4th of July, Halloween, etc.! https://www.magicnook.com/WizJournal/WJ-41ALL.htm#DollarStoreChristmasMagic

The best part is that you can use pictures with copyrighted characters, like Superman, Mickey Mouse, Wonder Woman, etc. because you have already paid for book ($1) and you are just cutting it up and using the parts to convert into magic tricks.
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Bill Mullins
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Re: Easy to Make Children's Magic Props

Postby Bill Mullins » January 8th, 2022, 11:47 am

The best part is that you can use pictures with copyrighted characters, like Superman, Mickey Mouse, Wonder Woman, etc. because you have already paid for book ($1) and you are just cutting it up and using the parts to convert into magic tricks.


Be careful here. There have been cases where people bought copyrighted baseball cards and cut them up to make new collectibles, and were sued for violating the original copyright holder's rights.

PressureFan
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Re: Easy to Make Children's Magic Props

Postby PressureFan » January 8th, 2022, 12:18 pm

Like sampling in rap music, you still need permission.
(Lots of cool stuff on The Magic Nook!)

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Re: Easy to Make Children's Magic Props

Postby Ted M » January 8th, 2022, 3:15 pm

Copyright controls the act of making copies of a work. It controls the right to copy/reproduce.

It's not relevant to Spellbinder, who is not reproducing any artwork.

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Re: Easy to Make Children's Magic Props

Postby Tom Moore » January 8th, 2022, 4:49 pm

. The best part is that you can use pictures with copyrighted characters, like Superman, Mickey Mouse, Wonder Woman, etc. because you have already paid for book ($1) and you are just cutting it up and using the parts to convert into magic tricks.


Yeah that’s not how copyright works…. Try buying some Marvel character fancy dress costumes and hiring yourself out as a character meet and greet to see just how fast the lawyers get involved.

You can use the item you’ve purchased IN THE FORMAT IT WAS PURCHASED no problem but as soon as you change the object (ie sticking pictures of Micky mouse cut from a comic on your magic prop) you are opening yourself up to a whole world of legal liability. Might you be a small enough infringer to not be noticed… sure, but once you are noticed you have no defence.

Outside of copyright there’s also branding / endorsement issues. If you pull out a load of Disney branded props it could be argued that you are implying you are authorised / approved by Disney and that just isn’t going to happen. There’s a reason why you see people on tv shows wearing non-descript clothing with brand logos hidden.
"Ingenious" - Ben Brantley: New York Times

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Re: Easy to Make Children's Magic Props

Postby Spellbinder » January 8th, 2022, 7:29 pm

Good points, Tom the pseudo lawyer et al, but none of the tricks we are making involve that level of legal liability. If you decorated the kind of stage illusions your business company produces at https://thomasmoorecreative with Mickey mouse images, you would be opening yourself up to legal liability. But using a picture of the mouse cut from from a coloring book as a card for a card trick you are performing, not so much. No one cares except the kiddies watching the show.
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Re: Easy to Make Children's Magic Props

Postby Tarotist » January 8th, 2022, 9:51 pm

I have always known that the person being sued is in a far stronger position that the one doing the suing! The claimant has to go through all that expense, hassle and time to get a judgement which they may or not get. However, even if they do win the judgement that is only half of the battle. The REAL battle is trying to enforce a judgement which can take ages and ages and ages and very often doesn't get anywhere especially if the one owing the money either can't be found or doesn't actually have any money!

I learned that when I was very young. Two occasions stood out in my mind. I remember being in the company of fellow grafters (I have no idea why daft Americans call them "pitchmen" which is a rather silly word) One of these wicked people mentioned that he had received a writ and was laughing about it and didn't seem the slightest bit worried about it. I asked him why and he said, "Oh, I have had more writs than you have had hot dinners! They don't mean a thing" Of course he used to travel a lot and could never be found so perhaps that had something to do with it.

Another occasion happened many decades ago to the late Ron MacMillan of International Magic. I used to work for Ron when I was much younger so that is how I know about it. He was suing someone or other for some reason or other that I can no longer remember. It was for quite a decent sum of money. He went through a lot of hassle and expense but eventually he did get a judgement from the court. However, as I have mentioned judgements don't mean a thing unless you can enforce them. So Ron went through extra expense, time and hassle but still couldn't get anywhere so in the end he sent in the bailiffs to collect the money. The bailiffs went to the address but of course the wicked debtor was nowhere to be found. He had done what we British call "A midnight flit". Ron never did get the money.

Ron told me he would never sue anyone again. The moral of the tale is never be afraid of people threatening to sue you. It is true that on the odd occasion they get the money in the end but most of the time the debtor is in the stronger position.

There. A lesson to you all who are innocent in the ways of this wicked world.

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Re: Easy to Make Children's Magic Props

Postby MagicbyAlfred » January 10th, 2022, 3:35 pm

There are really two separate issues here: one practical: the other legal. As a practical matter, although Disney is known to be super-aggressive in protecting its intellectual property, it is highly unlikely that it would come after some kid who makes a set of cards for a magic trick using the image of Mickey or some other Disney character. It would be goofy to do so. And it certainly wouldn't be good PR or good for Disney's pristine image. It would be a whole different story, however, if someone made up a bunch of sets for commercial use, i.e., to sell or distribute, without permission or a license. In that case they would, and legally could, come after the infringer. Which leads to the legal issue...

The United States Copyright Act, 17 U.S.C. Section 101 states, in relevant part: "A derivative work is a work based upon one or more preexisting works, such as a[n]...art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.

Under Section106(2) of the Copyright Act, the copyright owner has the exclusive right to prepare and authorize others to prepare derivative works based on a copyrighted work.

The cards to which Spellbinder refers would constitute derivative works, and are thereby protected by copyright law, so Disney would have the right to take legal action. It does not matter if you pay $1.00 for the book or $1000. That is irrelevant for purposes of copyright law, and does not divest the copyright holder (in this case Disney) of its rights and protections under the law, including the exclusive right to prepare derivative works from its original copyrighted material. But again, if a kid or even a parent, cuts out pictures from a book and recasts, adapts or transforms them to being the back of cards for a magic trick, there would be no need to lose any sleep worrying about getting served with a cease and desist letter and/or complaint for copyright infringement, even though, theoretically, Disney could turn into the big bad wolf, and lawfully put a stop to it.

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Re: Easy to Make Children's Magic Props

Postby Tom Moore » January 11th, 2022, 7:41 am

My concern here isn't a child cutting up pieces and using them in their own tricks (or toys or frankly any play environment) but rather the specific advice (on a forum of money earning magicians) from a respected creator that "... you can use pictures with copyrighted characters, like Superman, Mickey Mouse, Wonder Woman, etc. because you have already paid for book ($1) and you are just cutting it up and using the parts to convert into magic tricks."

If performers wont respect others creative works (and protections) then it says poor things about our own ethics, if those performers then use those copyright exploitations to get paid work directly or indirectly; then they ARE incurring legally liabilities even if at this stage the infraction is too small to draw attention. It is the same as saying "you can go steal some gum from the store because it's such a small insignificant crime you probably won't get caught" and I'm pretty sure that's not a statement the chief genii would be happy with me posting on his forum?

We should be holding ourselves to higher standards and always striving to be better where we can, not taking shortcuts and abandoning moral and legal laws for no good reason.
"Ingenious" - Ben Brantley: New York Times

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Re: Easy to Make Children's Magic Props

Postby Tarotist » January 11th, 2022, 9:01 am

Ethics? What an interesting concept! I really must investigate and find out what on earth it means.............

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Re: Easy to Make Children's Magic Props

Postby Tom Moore » January 11th, 2022, 11:37 am

It's a county in South East England
"Ingenious" - Ben Brantley: New York Times

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Re: Easy to Make Children's Magic Props

Postby Tarotist » January 11th, 2022, 12:22 pm

Yes. I used to live there. Woodford, Ethics. I do get a psychic vibe that I may have the spelling wrong.

Edward Pungot
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Re: Easy to Make Children's Magic Props

Postby Edward Pungot » January 11th, 2022, 12:37 pm

In the domain of ethics, magician's have a long way to go into turing into angels and saints. There are admirable exceptions. Tarbell comes to mind and Ernest Earick. On the topic at hand one thinks of magicians such as Tom Stone. The devil's in the details. One would have a hard time acting if every action was under close scrutiny. Best to tune-out, shut-up, and become a hermit.

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Re: Easy to Make Children's Magic Props

Postby MagicbyAlfred » January 12th, 2022, 5:27 pm

Ironically, in the wake of this thread, I just learned from watching a Netflix documentary ("The Lion's Share") that Disney, itself, was sued by the heirs of a poor South African migrant worker (Saloman Linda), who, back in the Apartheid days, composed and recorded the song, "Mbube," from which the song "The Lion Sleeps Tonight" (a/k/a "Wimoweh") was derived. Linda passed away impoverished, with $25 in his bank account. The lawsuit accused Disney and a publishing house that held the American copyright, of stealing and using the song without authorization and without paying royalties to Linda's surviving daughters. So it appears that, while Disney is sanctimonious about and jealously guards its intellectual property, the shoe was on the other foot. The lawsuit was subsequently settled for an "undisclosed amount," but which included payment for back royalties and a share in all future royalties from the song, which has been recorded by many artists, prolifically utilized in a variety of mediums, and prominently featured in Disney's award winning film, The Lion King.

You can read about it here, among a variety of other sources.
https://www.aljazeera.com/news/2006/2/1 ... ng-lawsuit


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