The Lost Society

Dec 18, 2007
1,610
14
66
Northampton, MA - USA
The Lost Community

Seems that everywhere you look now days there are discussions and arguments (along with tons of denial) pertaining to “Intellectual Property” and the issue of Copyright infringement and the stupidity known as Patenting an effect (the quickest way to give away the secret). I’ve seen tremendous gains as the result of such attitudes but I’ve likewise had to juggle a moralistic dilemma when it comes to how anal retentive some have become in recent years; most of whom being the totally unknown sod that has done some form of self-publishing and thinks their stuff is gold; the copyright block in their “books” essentially barring the purchasers from sharing the information with anyone, including their spouse or show partners, without paying full price on each additional copy.

Pardon my French but, that’s pure bovine excrement in my book!

The largest and arguably most prestigious magic fraternity on the planet is the Academy of Magical Arts & Sciences a.k.a. The Magic Castle. Within its bowels is the largest library of magic related texts on the planet (according to most); books that are available to every single member of the club. You will find that many IBM & SAM groups as well as the Magic Circle in the UK are known for similar libraries; collections that contain some very coveted antique texts as well as copies of limited releases and everything from old to current.

The attitude so many have now days is duopolistic in the sense that it skirts around the library access issue to some degree, claiming that “that’s different” when in truth, we are still looking at general access by persons sharing the same passions, at no direct cost nor royalty pay out to the author. . . the same exact thing that happens when two or three guys from a given community area either swap books & videos amongst themselves or even toss money together to make a group purchase of an expensive text so the group has the information as a whole. This is not something new, magicians have done this sort of thing for generations . . . at least throughout most of the 20th century as more and more books were being printed on the topic as well as Boy Scout publications pertaining to the craft and what could be found in an amazing plethora of premiums. In short, this sacred cow attitude around magic is relatively new and almost entirely centers on one thing – GREED with a strong scoop of ego tossed in for good measure.

I tick off a lot of people when I bring this issue up because the agenda in today’s magic world is to kill off the yesteryear practice of being supportive and actually sharing and helping one another out, which included the lending, swapping and some questionable photocopying (of specific sections in a book, not the whole text). But most of us were taught when we were very young, the lessons about sharing and giving and good manners when it comes to “things”. As we moved along in life we learned about how it was our obligation to help persons that had difficulties in certain areas of study (as an example) in school because we would likely need similar assistance in other subjects. These are the morals & ethics of a society and when they begin to breakdown, regardless the excuse (a.k.a. explanations) given, one is able to see the start of a societal decay. . . lost priorities and the sense of community always serving as the spark lighting such a flame, just look at history; especially in how all the great civilizations of the past were devoured from within.

Yes, an aspect of this issue can be found throughout “society” as it exists today and with it, excuse after excuse as to why it’s “moral” and “ethical” . . . in other words, the guilty offer pseudo-logical defense for their actions. Truth is, they placate us to some degree by offering such rhetoric and yet, we know deep down inside that something just don’t “fit” . . . something is askew; that something tends to be the human element, which has been exchanged for claims of ego. The darker side of it all, lending a social-political advantage to those standing on the “upper end” of the hierarchy; after all, when they claim something as being theirs, it will be defended. . . even when it is “borrowed” from other sources. A great example of this is how Luke Jermay published a video that exploited a concept first introduced by the late Herb Dewey in “King of the Cold Readers” and yet, no mention or credit is given to the elder. While I have my doubts that Luke would betray someone in such a harsh way and I can see it as an oversight, this remains a prime example of how things frequently happen already, when some “kid” that’s essentially unknown, has their brain child usurped by a more established character. It happens and we are going to see a lot more of it happening in the decades ahead, because of how the whole Copyright/Intellectual Property game is being orchestrated.

The Art World is a great example as to where things are heading; numerous works of art credited a given “Master” are actually pieces done by one of their unknown students. It has been a tradition in this scene for centuries and we’ve already seen examples of it in the corporate world in which the actual inventors of a system or authors to a concept are nixed from the game and not given credit because all intellectual development is “property” of the parent corporation a.k.a. financial backer.

Are you seeing where things are heading, yet?

PIRACY, at least in my mind, stems from those that replicate or otherwise share other people’s work en masse i.e. the eBay sellers and Torrent Site (file share) posters and worse of all, those that plague our forums, using their “library” as a bartering tool, quietly bartering deals over and over again with the same texts or videos.

And NO, this is not the same thing as I was discussing about sharing and community. If I lend a physical book to you, it is one copy of something no longer available to me for the time of the loan. What these clowns do is use the same electronic files to work trades over and over again without mercy. Two examples of this are a billet technique known as Obsidian Oblique to which there are only 100 legal copies if I recall correctly, and Brad Henderson’s THE DANCE which I believe had a 200 copy release. Yet, you can find copies still being hawked on eBay and other less “legit” sites.

My point to all of this is a simple one; Where’s Our Community?

On one hand we have the social side of morality and ethics; that established way things have been for centuries when it comes to how a civilized culture functions. On the other hand we have the legally worded factor in which the elder tradition has been criminalize or at the very least “tainted” in a way that makes those that observe such traditions, look like crooks & traitors. . . which is ironic when we take that deeper look and see how it is the love of money that drives this latter train forward more than anything – the “need” of the author and/or publisher to pocket as much loot as is possible rather than looking at the product as the labor of love & passion such things used to be.

Don’t get me wrong, making a buck is not a bad thing and I’m very much in favor of protecting one’s cerebral children so that proper credit goes where it belongs. But that sense of ego-acknowledgement can be had without the dollar factor and so it has been for a very long time; hence the reason for trade publications such as MAGIC, Linking Rings, MUM, etc.

So how do we establish a community in which one is not being stigmatized and scorned for doing what has been a common aspect of life since the earliest of times? How do we encourage an understanding of actions that are criminal and immoral vs. those actions that are innocent and honorable?

This is something that concerns me, greatly. I loathe lost innocence at any level that affects a culture and society, but especially when the real corruption is what hides behind the veil of legitimacy and legal speak.

It’s just something to think about.​
 
Aug 17, 2010
411
4
I guess you make a distinction of scale? It's okay to lend or copy something for a couple people, but not for a hundred, that kind of thing? Or have I misunderstood? That I can understand - if I lend you a book, I can't read it until I get it back. Similarly, for those of us that grew up pre-internet, you had to know someone with a copy of the album you wanted to record, had to borrow it, and record it in real time. That limited the piracy far more than today; If my friends didn't have the album I wanted, I was out of luck.

And as far as intellectual property, it does serve a purpose; Warner Brothers owns "Bugs Bunny", so they get to decide what that name image and likeness is used for - hate groups can't have Bugs Bunny endorsing intolerance, for instance. U2 came up with a melody and lyrics, and they own that combination of melody and lyric - I can't release the same thing and claim it as my own and make money from their creation.

As far as protecting one's creations and making a living - if there's not enough money in any field, it is no longer a profession, but a hobby. It seems that the opportunities to make a living at magic are fewer than in times past, and with the relative ease with which one can publish today, publishing seems to be a growing income stream. It's certainly a way to get one's name known in the field, and the field seems to be looking more inward than outward. The goal lately seems to be to get published and book a lecture tour rather than working for real people.
 

Josh Burch

Elite Member
Aug 11, 2011
2,966
1,101
Utah
This is a great topic. I think you draw the line between piracy and the library well.

I come from the theater community and for every production a theater does they should buy the rights to the music and the script before they can perform. I see magic in the same way. My choral instructor in high school was very good at ramming this into our heads. She would never copy a piece of music unless it was expressly authorized. If we didn't have enough music for the whole choir we didn't sing a piece of music.

I guess I have translated this right to perform to magic. I feel, personally, if I'm going to do someone else's trick I should pay them weather or not I will make money off of it. I have used my local clubs library and I have shared magic but when it comes to performance e I try to pay the guys whose stuff I use. I'm sure I break my own rules all the time though :/
 
Dec 18, 2007
1,610
14
66
Northampton, MA - USA
goatears, you are closer to where I stand with things, professionally. When I did big shows we got legal rights to all the music we used (don't have that problem now days) and in some instances, I've paid special fees to use a unique piece that we wanted to use as a PR bit or in a Television situation. I accept and support this side of the business. My "argument" as it were, centers on how grotesque commercialism has/is robbing us, as a society, of an innocent situation that was considered morally correct for generations (well into the late 1970s & early 80s).

The big hoopla over the Zig Zag in the early 70s was the start of a movement within magic that was about 95% political; Mr. Harbin knew how to schmooze the key players at the Magic Castle and Magic Circle in order to demonize Jim Sommers, who performed the Zig Zag in the U.S. before Harbin . . . Sommer's built the first U.S. version of the prop and in more recent years, adapted variations to other popular effects like the Origami Box (sold as "The Ninja Box"). It was in fact the Ninja Box and the grotesque "theft" of Ken Whitaker's Impalement Illusion that rekindled the politically motivated actions we are now face with; actions that do serve a just purpose but likewise conceal a covert agenda in which open market competition is made nonexistent. Let me clarify. . .

Since the early 20th century and even now to a lesser degree, you had several key dealers and private builders that competed in a way that's very similar to the auto industry. That is to say there is a big difference between a Ford vs. a Lexus, etc. As such, there was a big difference in quality, deceptivity, etc. when you bought a Sawing cabinet from Thayer (Owens) vs. Abbot's or Tannens. The semi-pro & hobbyist wouldn't have a reason to purchase a top of the line prop from a major builder so they would buy the less expensive models. Such props were not a clean & sleek as the top of the line but it was enough for the weekend warrior.

The rub is that we no longer have this kind of market flexibility. If you want to buy a "legal" copy of a Stinemeyer effect you must purchase from one of a small handful of builders, all of whom work off the template Jim and John Gaughan first laid out and which would be augmented by David Mendoza, Willie Kennedy, Bill Smith and my buddy Franz Harrary. . . all of it directed towards making big magic (more than smaller bits) more expensive and exclusive to the bigger names and headliners and thus, preventing the weekend warrior from having access unless they pay the price. . . in other words a "Monopoly" of sorts came into existence that has huge political support within the craft but which very few of us question . . . especially those that have come into magic since the latter 80's, when this mind-set was more or less "normal" and the social mind-set was a lot more selfish & self-serving.

@ JButterfield. . . you're only kind of right and at the same time, you're picking at nits.

Your position is typical to those that cling to the colder corporate ideologies that enveloped society in the decades following WWII and escalated during the Vietnam era as massive corruption (especially political & corporate) allowed this cancerous & cold way of being, to become slowly embraced in Western Culture and slowly as Asian and Far Eastern societies. We're talking about a kind of brain washing . . . the famed frog in the pot of water that accepts the slowly increased heat until it is too late.

My argument centers on how we have lost the innocence of the not so distant past. I'm not talking about the Ozzie & Harriet or Walton type facade of life, but I am talking about a time when people were actually neighbors and part of a community -- there to help one another and KNOW one another. It's rare in today's world for people to actually know their neighbors because we've been conditioned to be suspicious & isolate in a way that seems normal and not a reality.

I've gone off track a bit, but those things noted are other symptoms to the issue I'm actually bringing out -- the demonizing of grace, for a lack of a better term; the action of sharing materials and helping our fellows be it a fellow mage or a coworker, student, etc.

Piracy, as it was originally defined, did in fact relate to bulk actions with the real issue centering on those that were selling photo-copies of other people's work (and later, pdf copies) and/or using such material for horse trades . . . as "currency" within a barter scenario. I've helped expose several people over the years for doing this. Ironically, one of the people I outed for putting out a copy of Rick Maue's B.O.S.S. is now a moderator @ the Cafe. . . tells you a lot about that forum's integrity, doesn't it?

I'm a writer with many books on the market. I've worked in the Illusion development industry for close to 40 years and I've been cut out of deals more than a few time when it comes to some popular pieces. It has hurt me deeply; not because I've missed on on a few bucks but that I've been niched out when it comes to creative credit; that hurts me far more than the money side of things and trust me, I could use the cash. But the magic industry is cut throat and heavily political; it sees people like me as "suckers" because we get involved with things as the result of passion and the creative challenge. Once we've given them sufficient information we're pushed to the side until the next big puzzle comes down the pike. It's a form of "Piracy" that's happened for generations and it's not exclusive to magic, take a look at how many things Thomas Edison & Alexander Bell took from others; they were horrid thieves.

Bottom line is, I should be on the side of enforcing the tighter rules around copyright infringement and intellectual property concerns but I'm not, I'm far more concerned with the greater picture and how this "new" attitude is costing us all far more than we're realizing right now. Justify all you want with legal speak, but we're ignoring the human factor and what that means.
 
Searching...
{[{ searchResultsCount }]} Results