The Unknown Life of Karl Fulves
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Re: The Unknown Life of Karl Fulves
Are you sure, Richard? While the content of the speech (the script/text of the talk, and any slides he may have used) would belong to Matt or his estate, if the recording was made by the Magic Circle, then the copyright to the recording would belong to them. Copyright resides in whoever makes the work under question.
Re: The Unknown Life of Karl Fulves
I know a guy in Sweden - an expert in both European and US copyright law. Glad to put you in touch. (Sorry... so full of snark today!
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Re: The Unknown Life of Karl Fulves
Copyright would only reside with the Circle if Matt signed an agreement stating that was the case. And he didn't. I have given many talks at the Circle and no agreement was used. I own the words, I own my image. There is nothing unique about the recording other than pushing a button at the start and finish.
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Re: The Unknown Life of Karl Fulves
Marvin Berglas is the current president. If he's okay with releasing the talk, the issue is moot.
Re: The Unknown Life of Karl Fulves
I don't know any Copyright Experts, but I do know that the world is full of copyright lawyers who are eternally disagreeing. And being well paid for it.
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Re: The Unknown Life of Karl Fulves
Bill, it has nothing to do with the President. The council makes the decisions.
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Re: The Unknown Life of Karl Fulves
I hope Bob Farmer's eyes don't roll back in his head too hard.
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Re: The Unknown Life of Karl Fulves
Does anyone have an update on when this issue might appear?Issue No. 200 of Magicol - No. 199 will roll out shortly - will feature, among other things, the definitive biography of Karl Fulves. It is an amazing story.
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Re: The Unknown Life of Karl Fulves
Over the years I've been able to acquire a copy of "Video Trix" this was mentioned in a issue of Interlocutor. It shows Kulves performing in a mock restaurant situation. The second half is is fulves showing riffle shuffle technique. I've never heard of anyone else with a copy.
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Re: The Unknown Life of Karl Fulves
That video came out in 1991. It's mentioned a few times in Fulves's publications. Indexing videos is not (yet) supported in my Conjuring Archive, but I'll probably add the Liner Notes of the video soon. They describe most, if not all, of what is demonstrated.
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Re: The Unknown Life of Karl Fulves
You should upload this to Youtube.Over the years I've been able to acquire a copy of "Video Trix". It shows Kulves performing in a mock restaurant situation. The second half is is fulves showing riffle shuffle technique. I've never heard of anyone else with a copy.
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Re: The Unknown Life of Karl Fulves
I can't find Talon on there Richard?I believe you can buy an ebook of the Talon from www.lybrary.com
As an aside, I used to buy the original issues (1-7) of The Talon from Paul Stone's Ace Place Magic in Coventry Street (who had taken over the sale of Ken Brooke's Magic). I believe that Paul may have had some initial involvement with Talon, alongside David Britland and Stephen Tucker?
If anyone is looking at revoltionary Close-up Magic within their covers, sadly they're going to be just a tad disappointed.
I sold them on ebay years ago. I can't remember how much for - but a bidding war developed between two buyers.
As far as UK magazines are concerned, I still rate Papular much more highly than anything else that has ever been produced upon these shores.
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Re: The Unknown Life of Karl Fulves
And I thought magicians frowned on exposure . . . .You should upload this to Youtube.Over the years I've been able to acquire a copy of "Video Trix". It shows Kulves performing in a mock restaurant situation. The second half is is fulves showing riffle shuffle technique. I've never heard of anyone else with a copy.
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Re: The Unknown Life of Karl Fulves
It can be uploaded to YouTube and marked "unlisted" so only those with the link can find it.
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Re: The Unknown Life of Karl Fulves
Under U.K. law there is no specific "work for hire" provision. Instead, the Copyright, Designs and Patents Act, 1988 establishes that:
(a) Copyright in works created by employees during the course of their employment vests in the employer.
(b) For independent contractors, ownership depends on the terms of the contract. The case of Creation Records Ltd v. News Group Newspapers Ltd, 1997 EMLR 444, emphasized the importance of contractual arrangements in determining copyright ownership.
The UK's approach relies heavily on the intent of the parties involved and the specifics of the contractual agreement.
Matt was not an employee so the rights would depend on a written contract.
In any event, there are at least two copyrights involved; the copyright in the recording and the copyright in the content of the recording.
If the Magic Circle arranged for the recording, then it is probable that they own the recording. However, the content, Matt's lecture, would be owned by Matt unless there was a written agreement to the contrary.
So Matt's estate cannot use the recording without the Magic Circle's permission and the Magic Circle cannot use the content without Matt's permission. However, the Magic Circle might argue that Matt was aware of the recording and its use for the archives, so there might an implied permission--but a written agreement would be better.
This also means that Matt's estate is free to issue the lecture in the form of written notes and the permission of the Magic Circle would not be required.
To make this more complicated, Matt's estate might also have other copyrights in the performance and in moral rights.
(a) Copyright in works created by employees during the course of their employment vests in the employer.
(b) For independent contractors, ownership depends on the terms of the contract. The case of Creation Records Ltd v. News Group Newspapers Ltd, 1997 EMLR 444, emphasized the importance of contractual arrangements in determining copyright ownership.
The UK's approach relies heavily on the intent of the parties involved and the specifics of the contractual agreement.
Matt was not an employee so the rights would depend on a written contract.
In any event, there are at least two copyrights involved; the copyright in the recording and the copyright in the content of the recording.
If the Magic Circle arranged for the recording, then it is probable that they own the recording. However, the content, Matt's lecture, would be owned by Matt unless there was a written agreement to the contrary.
So Matt's estate cannot use the recording without the Magic Circle's permission and the Magic Circle cannot use the content without Matt's permission. However, the Magic Circle might argue that Matt was aware of the recording and its use for the archives, so there might an implied permission--but a written agreement would be better.
This also means that Matt's estate is free to issue the lecture in the form of written notes and the permission of the Magic Circle would not be required.
To make this more complicated, Matt's estate might also have other copyrights in the performance and in moral rights.
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Re: The Unknown Life of Karl Fulves
I don't think it was Matt's intention that it be widely shared. At least, when he sent me a copy, he asked that I not distribute it further. And I haven't.
I think probably the reason for this was that he didn't want Fulves to be upset with him if it got out that Matt was telling things about Fulves that Fulves considered to be personal, and would rather not have had spread around. If that's the case, the issue is sort of moot now, given that Matt and Karl have both passed on. But that's only speculation; what I do know is that Matt, at one time, asked that the talk not be disseminated.
I think probably the reason for this was that he didn't want Fulves to be upset with him if it got out that Matt was telling things about Fulves that Fulves considered to be personal, and would rather not have had spread around. If that's the case, the issue is sort of moot now, given that Matt and Karl have both passed on. But that's only speculation; what I do know is that Matt, at one time, asked that the talk not be disseminated.