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Intellectual Rights To Magic Methods
Intellectual rights to magic methods refers to the legal and ethical debate about the extent to which proprietary or exclusive rights may subsist in the methods or processes by which magic tricks or illusions are performed. It is a subject of some controversy. On one side, many magicians argue that methods represent "intellectual property" and that publication or sharing of methods should be subject to strict codes developed by magicians' organizations. On the other side, a range of people argue that publication of information about methods should not be subject to restrictions because knowledge should be freely available. The sharing of magic methods with non-magicians or the open publication of methods is referred to in the magic community as " exposure" and many magicians react angrily to it. While many magic tricks rely on traditional methods, there is also a continuing development and progress within the genre. Those who are performers and amateurs tend to take a very defensi ...
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Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) with rega ...
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Trick Deck
A trick deck is a deck of playing cards that has been altered in some way to allow magicians to perform certain card tricks where sleight of hand would be too difficult or impractical. Trick decks Stripper deck A stripper deck (also known as a tapered deck, wizard deck, or biseauté deck) allows the magician to control the main location of a card or group of cards easily within the pack. Even after being shuffled into the deck by a spectator, the magician can cut to a selected card. Similarly, even after being lost in different parts of the deck, the magician can move multiple cards to specific locations using basic shuffles. Unlike the invisible or svengali deck, the stripper deck can be handled by an audience member unfamiliar with the concept and can withstand a modest amount of scrutiny without exposing the secret; however, this deck is found in a number of beginners' magic kits, so the secret is well-known, even among non-magicians.Henry Hey (ed.), ''Cyclopedia of Magic'' ...
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André Kole
André Kole (born Robert J. Gurtler Jr.; September 30, 1936 – October 17, 2022) was an American magician and inventor of magical effects. He was also a committed Christian and a public speaker for the evangelical group Campus Crusade for Christ. He was also known for using his magical knowledge to debunk frauds and hoaxes. Biography Robert Gurtler was inspired to take up magic at the age of seven after seeing a performance. By the time he was 20, now known as André Kole, he was performing his '' Table of Death'' trick on the national network television show ''You Asked for It''. Among the illusions Kole is credited with devising are the Squeeze Box illusion (licensed to builder John Gaughan), and the Head Mover illusion (as performed by David Copperfield, Tim Kole and Kirby Van Birch). He also used his magical knowledge and skills to debunk frauds and hoaxes. He was reported in 2003 as offering one million dollars to the Rev. Dr. Donald Stewart if Stewart could prove ...
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Masked Magician
Val Valentino (born Leonard Montano, June 14, 1956)Brownfield, Paul (October 31, 1998)"Fox Isn't Disillusioned as Masked Magician Series Ends". ''Los Angeles Times''. is an American magician. Valentino starred in a series of four television specials exposing the methods behind numerous classic magic tricks and illusions on the Fox network. In the specials, he used the stage name the Masked Magician and concealed his true identity by wearing a mask with a squid like design, being aware of the stigma amongst the magic community with publicly exposing tricks. As the finale to the final special, Valentino revealed his identity as the Masked Magician, garnering some notoriety amongst the magic community, and instigating several lawsuits. Valentino became well known in Brazil after his sketches were broadcast in Rede Globo's Sunday newsmagazine show ''Fantástico'' from 1999 to 2000, in which he was referred to by the alias Mister M. Life and career Valentino's first foray into mag ...
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Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ...
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Trade Secret
Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. Intellectual property law gives the owner of a trade secret the right to restrict others from disclosing it. In some jurisdictions, such secrets are referred to as confidential information. Definition The precise language by which a trade secret is defined varies by jurisdiction, as do the particular types of information that are subject to trade secret protection. Three factors are common to all such definitions: A trade secret is information that * is not generally known to the public; * confers economic benefit on its holder the information is not publicly known; and * where the holder makes reasonable efforts to maintain its secrecy. In internation ...
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Public Domain
The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, and composition. Legal definitions Creative works require a cre ... to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, anyone can legally use or reference those works without permission. As examples, the works of William Shakespeare, Ludwig van Beethoven, Leonardo da Vinci and Georges Méliès are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired. Some works are not covered by a country's copyright laws, and are therefore in the public domain; for example, in the United States, items excluded from copyright include the for ...
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Non-disclosure Agreement
A non-disclosure agreement (NDA) is a legal contract or part of a contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to. Doctor–patient confidentiality (physician–patient privilege), attorney–client privilege, priest–penitent privilege and bank–client confidentiality agreements are examples of NDAs, which are often not enshrined in a written contract between the parties. It is a contract through which the parties agree not to disclose any information covered by the agreement. An NDA creates a confidential relationship between the parties, typically to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects non-public business information. Like all contracts, they cannot be enforced if the contracted activities are illegal. NDAs are commonly signed when two companies, individu ...
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Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ...
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Confidentiality
Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access or places restrictions on certain types of information. Legal confidentiality By law, lawyers are often required to keep confidential anything pertaining to the representation of a client. The duty of confidentiality is much broader than the attorney–client evidentiary privilege, which only covers ''communications'' between the attorney and the client. Both the privilege and the duty serve the purpose of encouraging clients to speak frankly about their cases. This way, lawyers can carry out their duty to provide clients with zealous representation. Otherwise, the opposing side may be able to surprise the lawyer in court with something he did not know about his client, which may weaken the client's position. Also, a distrustful client might hide a relevant fact he thinks is incriminating, but that a skilled lawyer could turn to the client's advanta ...
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David Merlini
David Merlini is a Hungarian-Italian escape artist, and World Record holder, described by Expo 2015 as the world's most famous escapologist, currently serving as Director of The House of Houdini, the only Houdini museum in Europe. Merlini's signature performances had been broadcast live in some of the most relevant television networks worldwide. Early life and career His mother is Hungarian and his father is Italian. He was raised in Italy, where he moved with his family from Hungary at the age of 4. Around the age of 4, Merlini became interested in locks and handcuffs. As a child, he was given a magic trick, which founded his career. Around 13, Merlini attended night school at Turin's Circolo Amici della Magia, an illusionist school. When he was 17, he returned to Hungary, the country he regards as his homeland. Merlini cited Harry Houdini, who had also been born in Hungary, as a major source of inspiration. Milestones of his career 1995 At Sziget'95 (now called the Sziget F ...
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David Copperfield's Flying
David Copperfield has performed a levitation illusion in several magic shows since 1992 in which he appears to fly on stage for several minutes, while surrounded by audience members. The flight is notable for its graceful motion and unencumbered appearance. The illusion was included in Copperfield's CBS TV special ''The Magic of David Copperfield XIV: Flying—Live The Dream'' (1992), and has been repeated several times during Copperfield's live tours around the world. The method was created by John Gaughan. An essential contribution to make fluid movements was given by his assistant, dancer and choreographer Joanie Spina. Effect During the trick, Copperfield flies acrobatically on the stage, performs a backflip in midair, and then has spinning hoops passed around him, supposedly to prove that he is not suspended by wires. He then floats down into an acrylic glass box which has previously been examined by two audience members, and continues to float inside after the box is covered. ...
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