Copyright infringement?

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BlueEyed Videot
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Copyright infringement?

Postby BlueEyed Videot » July 13th, 2018, 9:13 am

It's come to my attention that someone in the U. S. is making enlarged watercolor versions of some of the trick diagrams from the Tarbell Course which they plan on selling to other magicians in order to make a quick buck. I wrote to them and explained that they ought to run their plan by the copyright holder (which last I heard was D. Robbins, Inc.) They left me a somewhat haughty reply the gist of which was they believed they would be immune from prosecution because they were adding their own small artistic touches (increase scale of drawing, colorize certain regions, add watercolor wash background, & etc.) to Tarbell's original diagrams.

To me--and judging by what I read on the many copyright law wikis around--appropriating someone's artistic endeavors in this manner without first obtaining permission from the copyright holder is a big mistake, and might end up being a costly mistake, too.

Anyone here with more experience in copyright law care to comment? I've attached a .jpg file showing the "finished" diagram copies. I'd really appreciate any and all replies on this.

Thanks,

Richard Hart

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BlueEyed Videot
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Re: Copyright infringement?

Postby BlueEyed Videot » July 13th, 2018, 9:18 am

.jpg file showing modified Tarbell diagrams for sale.

https://scontent-dfw5-1.xx.fbcdn.net/v/ ... e=5BA25EA8

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Re: Copyright infringement?

Postby Jonathan Townsend » July 13th, 2018, 9:32 am

Shouldn't we discuss the questions about fair use and derivative works before publicly shaming someone ?

Maybe we also need to discuss tortiuous interference?
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BlueEyed Videot
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Re: Copyright infringement?

Postby BlueEyed Videot » July 13th, 2018, 10:14 am

Everything I read about 'Fair Use" as applied to art--even so far as "fan art" and "derivative works" looks like (pun intended) the copyist may place themselves in legal jeopardy especially when selling their works without permission from the copyright holder. C'mon, how hard is it to send an email to D. Robbins & Co., explain what one wants to do, and get a blessing...or rejection first before trouble starts?

As far as tortiuous interference, I really see no need for insults. If we want magic to be a respected high art form, we must be willing to honor and protect all other forms of art covered by the various copyright conventions.

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Re: Copyright infringement?

Postby Jonathan Townsend » July 13th, 2018, 10:43 am

The copyright status of the early volumes of Tarbell has come up in dialogue here before. viewtopic.php?t=31360

It's come to my attention that someone in the U. S. is making enlarged watercolor versions of some of the trick diagrams from the Tarbell Course which they plan on selling to other magicians in order to make a quick buck. I wrote to them and ...


+5 for do-gooder? https://en.wikipedia.org/wiki/Streisand_effect
+5 passive "it has come to..."
+5 aggressive "to make a quick buck"

What agreements there may be between the artist and copyright holders are... a curious matter to discuss in public. Not sure that's what the term amicus curiae means.
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Richard Kaufman
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Re: Copyright infringement?

Postby Richard Kaufman » July 13th, 2018, 12:22 pm

Certainly the original Tarbell System is now in public domain. The copyright was not renewed.
Whether The Tarbell Course in Magic is in public domain, I don't know.
But you could certainly colorize and sell any illustration from the original System.
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Chris Aguilar
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Re: Copyright infringement?

Postby Chris Aguilar » July 14th, 2018, 4:54 am

Copyright aside (because, as Richard notes, it doesn't really apply here) the truly appalling aspect of this situation is the sheer ugliness of that colored illustration.

Or the expectation that someone might actually fork over some of their hard earned cheddar for one of those monstrosities...

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Re: Copyright infringement?

Postby performer » July 14th, 2018, 4:23 pm

As a thief of many years standing I shall resist the temptation to reflect on the malicious thought that flitted across my mind which stated something about minding one's own business and not being a busybody. I keep getting visions of the first two lines of Holy Willie's Prayer by the famous Scottish poet:

"Oh ye wha ur sae guid yersel
Sae pious and sae holy
You've naught to do but mark and tell
Your neighbours faults and follies"

For those of you who do not speak the Scottish language no doubt Google will help you. However, a word from grafter's language also comes to me. The word "nause". I can't be bothered translating. No doubt our original poster is in charge of his local neighbourhood watch committee.

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Re: Copyright infringement?

Postby Jonathan Townsend » July 14th, 2018, 4:52 pm

Thanks performer, that's an Uncommonly Good and apt poem. :)
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Re: Copyright infringement?

Postby performer » July 14th, 2018, 5:13 pm

Indeed. I forgot to mention the name of the poet which is Robert Burns. I am not the slightest bit interested in poetry but for some odd reason since I have been 12 years old I have been fascinated by the poetry of Robert Burns. Something to do , no doubt, with leaving Scotland at that age for a heathen place called England. We Scots have always considered England to be a tiny peninsula jutting off the south coast of Scotland.

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Re: Copyright infringement?

Postby observer » July 14th, 2018, 6:20 pm

BlueEyed Videot wrote:.jpg file showing modified Tarbell diagrams for sale.

https://scontent-dfw5-1.xx.fbcdn.net/v/ ... e=5BA25EA8



Example appears to be signed "Randi" … ?

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Re: Copyright infringement?

Postby Bill Mullins » July 14th, 2018, 10:09 pm

Example appears to be "Bill in Lemon". Did Tarbell ever publish that trick? If so, I can't find it.

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Re: Copyright infringement?

Postby Chris Aguilar » July 14th, 2018, 11:42 pm

observer wrote:
BlueEyed Videot wrote:.jpg file showing modified Tarbell diagrams for sale.

https://scontent-dfw5-1.xx.fbcdn.net/v/ ... e=5BA25EA8



Yeah, it's Randi Rain.

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Re: Copyright infringement?

Postby performer » July 15th, 2018, 5:38 pm

Chris Aguilar wrote:
observer wrote:
BlueEyed Videot wrote:.jpg file showing modified Tarbell diagrams for sale.

https://scontent-dfw5-1.xx.fbcdn.net/v/ ... e=5BA25EA8



Yeah, it's Randi Rain.


Oh, Randi! I wouldn't mess with her! She will eat you alive! She still hasn't forgiven me for saying
""Ignore Randi. She is a mere woman and as such should be in the kitchen rather than prancing about on a public stage."

She was even going to report me to the Human Rights Tribunal in Canada or some such nonsense she was so incensed.

I am amused to find that I am now accidentally on her side in this matter! I will say they are remarkably nice watercolours. She is a fine artist albeit a bit ill tempered if you rub her up the wrong way. In the meantime in my capacity as a psychic reverend I shall pray for her critics. They are going to need it...........................

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Re: Copyright infringement?

Postby Jonathan Townsend » July 15th, 2018, 7:20 pm

Bill Mullins wrote:Example appears to be "Bill in Lemon". Did Tarbell ever publish that trick? If so, I can't find it.


Lesson 14, PRODUCING A CARD FROM A WHOLE ORANGE
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