Copyright issue

[sliwoody]

Hi
My name is Phil and I have a small issue that may not seem that big, but it is bothering myself and am just wondering where I stand.
I have released a digital eBook, which outlines how to perform a magic trick.
The book isn't copyrighted or anything like that, I am just selling it on social media sites to people interested in magic.
Now since I released it, its doing pretty well, in fact it is getting pretty high reviews in the magic community.

The problem I am having is that 5 people have now reached out to me in the last 2 weeks claiming that I have stolen ideas from works published or created by themselves in the past.
I haven't stolen anyone's ideas or effects that I am aware of and genuinely came up with the idea myself for the effect and thus the eBook.

All the people who have claimed that I have stolen their "idea" are each claiming different elements within my released effect (not the whole effect) and are wanting crediting for their work.
I don't mind crediting if I feel have genuinely used another persons idea, but I feel I haven't & how am I meant to be aware of every eBook/ book/ idea ever released in the past?
I am expecting the next message to be sent to myself to be that I owe someone royalties and that really concerns me.

Where do I stand on this legally?
What do I need to be aware of and how do I counter anyone's argument that I have stolen previously published ideas by other people?

Any help is appreciated
Phil

[R0b]

Hello

Copyright and intellectual property law is complex and you would do well to get some initial legal advice if the matter gets some traction and potential for legal proceedings.

As a starting point, copyright applies automatically so it does not need to be registered as such as long as you can prove the works were original and involve some level of skill or creation. Based on what you have said, it sounds like those individuals may have misunderstood the laws around copyright.

The idea behind the magic trick is unlikely to be copyright provided you can show your own interpretation, creation and originality but the contents of the works published by those individuals would be. So if you decided to lift the wording of the published works and put it into your book then you would be in breach of copyright laws.

However, if you have explained the magic trick in a different way but still coming to the same conclusion of how the trick is done, that's unlikely to be a breach of copyright. There may be other issues at play like designs or patents but that's not the question you're asking nor what these individuals seem to be arguing.

Have they explained exactly what they consider to be in breach of copyright?

[sliwoody]

Hello

Copyright and intellectual property law is complex and you would do well to get some initial legal advice if the matter gets some traction and potential for legal proceedings.

As a starting point, copyright applies automatically so it does not need to be registered as such as long as you can prove the works were original and involve some level of skill or creation. Based on what you have said, it sounds like those individuals may have misunderstood the laws around copyright.

The idea behind the magic trick is unlikely to be copyright provided you can show your own interpretation, creation and originality but the contents of the works published by those individuals would be. So if you decided to lift the wording of the published works and put it into your book then you would be in breach of copyright laws.

However, if you have explained the magic trick in a different way but still coming to the same conclusion of how the trick is done, that's unlikely to be a breach of copyright. There may be other issues at play like designs or patents but that's not the question you're asking nor what these individuals seem to be arguing.

Have they explained exactly what they consider to be in breach of copyright?

Thanks for the reply! much appreciated.
At the moment, it seems like they are only claiming that they have come up with something similar in the past and that they deserve credit in my eBook for their creation. I definitely haven't lifted any words/ sentences out of any books etc. to include in my own as I wasn't aware of their creations.
I think one question that I need answering is, how much due diligence should I do in regards to previously created and published ideas?

[atticus]

On the due diligence question - if you have not seen the work, you have a greater chance of proving that you can't have copied it. If you search for works in an area, then you may end up seeing what you are accused of copying.

Good advice is to keep all records of your creative process, starting with the first sketches, notes, drafts etc. Ed Sheeran has said that he now records his songwriting process, as a defensive measure.

[R0b]

It's difficult to really say whether or not you are in breach of copyright but the main point is that copyright protects the expression e.g. something written or recorded or produced in a tangible format, not the actual idea itself in someone's head.

If they are claiming that they should be credited for the idea I think they will struggle under copyright laws since that is not the purpose of copyright law. As a general rule, to protect an idea it has to move from the brain into something tangible - note i'm not an intellectual property expert so these are just general observations.

You could ask these people to explain and provide evidence/explanation of you breaching copyright laws and see what the response is.

[paulajayne]

There is a saying that nothing is new in magic.

I have designed and published several magic effects / illusions.

Before each release I pass it to magic acquaintances to review and check I have not infringed anyone else's idea, did you do this?

I would stop selling this until such time as you are certain that you have not infringed copyright.

If you wish Pm me the PDF and I can give some guidance.

Paula MMC

[sliwoody]

There is a saying that nothing is new in magic.

I have designed and published several magic effects / illusions.

Before each release I pass it to magic acquaintances to review and check I have not infringed anyone else's idea, did you do this?

I would stop selling this until such time as you are certain that you have not infringed copyright.

If you wish Pm me the PDF and I can give some guidance.

Paula MMC

Hi PaulaJayne
Thanks for your reply, I am going to try to word this in hopefully the correct way without it sounding harsh. If it does I don't mean it too.
I too have been in the magic scene for over 30yrs so I have a little knowledge of it, I did pass the eBook around some magic acquaintances, some of whom are MMC, and not one came back with any issues and all of them said it was something they have never seen before. Its only since its been doing fairly well that certain people in the community have been eager to latch their claws into it and start to lay claim over ownership on certain ideas and presentation styles contained within.
This is the part that concerns me^
I am 100% sure it is something new created by myself, but to have people reach out to me and say "This is similar to an idea someone else had a few years ago, OK its not exactly the same, but it is kind of the same in presentation just with a different method, thus I think you should credit them for it" is the problem.
I actually stop going to my local magic club some years back because of all the internal politics within the magic community and the "magic mafia" that run it. P.S what was your local club I may know you.

I understand that the magic community is rightly protective over creations, but that still doesn't trump anyone's legal rights. Hence my post.

P.S I don't feel its at the stage for the booklet to be stopped being sold. No one has gone as far to claim the whole effect is theirs, but I do need to know, from a legal stand point ,where I stand. kind regards.

[paulajayne]

Hi Phil

Used to be member of Northampton MC and David Penn and I developed his 1994 Magic Circle winning routine.

I initially had problems with one routine that used a angle separation (Lennart Green). but after speaking with him and others realised that it was not new and only part of the effect.
So the effect was fully mine.

So as I said there is nothing new in magic and with research you should find that your ideas go back a long way.

When I wrote my book on Toppit I found that it went hundreds of years back.

From my book.

"The earliest reference I have found so far of a secret bag being used to steal from or ditch to is in Hocus Pocus Junior The Anatomie Of Legerdemain which was first published in 1634 in London,"

So search and if sure stand your ground.

[Celestine]

Hi Phil

Used to be member of Northampton MC and David Penn and I developed his 1994 Magic Circle winning routine.

I initially had problems with one routine that used a angle separation (Lennart Green). but after speaking with him and others realised that it was not new and only part of the effect.
So the effect was fully mine.

So as I said there is nothing new in magic and with research you should find that your ideas go back a long way.

When I wrote my book on Toppit I found that it went hundreds of years back.

From my book.

"The earliest reference I have found so far of a secret bag being used to steal from or ditch to is in Hocus Pocus Junior The Anatomie Of Legerdemain which was first published in 1634 in London,"

So search and if sure stand your ground.

Is there no limit to your talents?! paulajayne X

[paulajayne]

Is there no limit to your talents?! paulajayne X

No Talent to my limits more like.