How original is original?

[Maverick85]

This isn't exactly a marketplace question as it's not about a trick I'm intending to sell. Still, I'm curious about a few points of interest in originality.

There's a trick I've been working on for a while, a blend of "mind-reading" and card work. It's not a trick I've seen in any card books, but I've got a problem: I learned the backbone "move" of the trick from Royal Road. The rest, the presentation, the patter, that's my design work.

Technically, I suppose it could be called "my" trick because I'm using a Royal Road move and I'm just putting other material with it to make the trick, but it's only the one move. It doesn't really need to be more than just the one move to work as designed.

For originality sake, where do I stand? Is it common for someone to design a trick using a single sleight and then make it a trick by adding pattern and presentation? Suppose I design another trick using a commonplace sleight and I think it does have the sparkle, how do I differentiate it as my own? I didn't invent the sleight, my contribution was the presentation. Is that even a marketable element?

Or, if I were to sell the trick, would I just be selling the "secret" of which move I used and how, plus the presentation?

 

[ProAma]

You can't design anything without using something created by another. Its the principle of stealing like an artist. Everything has already been done or it is out there to be discovered. So you can't technically create anything new but you can create something original if that makes sense. Your presentation you made is original. But technically even that you could argue is not original because we derive words, comedy etc. from our inspirations and things that have stuck with us. When you get right down to it, don't worry if its original or not. Do what you want and love what you do. If its not you its not true. As for selling it, if its just presentation you have added I wouldn't advise trying to sell it.

 

[Casual Distraction]

I'm no lawyer (my cousin is and my uncle is a judge though) but I have patents where I have improved an existing design and it was accepted. I believe if over 25% of the design can be considered original it is legal? It's been a long time and my memory is not as great as it used to be though.

I have no clue if a move or technique can be considered a design though.

 

[RealityOne]

I consider an effect to be a combination of plot (what happens) and method (how it is done). Originality typically deals with an original plot and/or method. So if you have an original method for Triumph, the effect is original. If you just make minor changes, it is merely an improvement to the method. Similarly, if you have an original plot using a double lift and a glide, it is original. However, if you have a new presentation for Triumph (i.e. not the "kids and drunks shuffle this way..." presentation) that isn't an original effect but just an original presentation.