What do you do if someone steals your idea?

[Xdelamuertex]

Ok, I am in a troubled in a certain way as to the point I dont know what to do. A certain website was going to use a certain trick of my own in design to remain anonymous. I then contacted them recently and they said that one of their magicians to remain anonymous has came up with a different concept of my design and he will be getting the credit for it and they are unsure as to using my design now. Should I be extremely pissed and should I seek out legal advice ( hate going that way).

 

[Xdelamuertex]

I almost forgot

I also have all emails, with concept in them, along with them saying they loved it and are going to use it.

 

[joshrobarts]

there's not much you can do. There is very little legal precedence with magic intellectual property so i don't know how far you'll get with the legal route.

 

[descartes]

Ok, I am in a troubled in a certain way as to the point I dont know what to do. A certain website was going to use a certain trick of my own in design to remain anonymous. I then contacted them recently and they said that one of their magicians to remain anonymous has came up with a different concept of my design and he will be getting the credit for it and they are unsure as to using my design now. Should I be extremely pissed and should I seek out legal advice ( hate going that way).

I haven't understood your situation completely based on what you have written. Did you have a written agreement with this website regarding how they could use your idea? If such an agreement exists, you might be able to do something based on what it says. If you don't have anything in writing, I would say that there is very little you can do.

However, don't just take my word for this, as I'm not a lawyer. I guess it would be good to get some legal advice if you feel you have a genuine case here.

 

[D ICE R]

With uncopyrighted IP there is not much legally you can do. The magic community is very much built on trust, with that said there are few things you can really bank on.

Your best bet would be to contact the website over the phone and explain your case. In the future you really should place a copywrite on your work before sending it out as realistically who said you even created said effect.

 

[praetoritevong]

Also, I don't know who the website is - but it really does pay to send effects to established sites.

If Richard Kaufman thinks your idea is brilliant - that means more than 1000 randoms selling your product. There are so many small sites these days that sell random stuff trying to make a quick buck.

 

[Cedric Taylor]

Ok, I am in a troubled in a certain way as to the point I dont know what to do. A certain website was going to use a certain trick of my own in design to remain anonymous. I then contacted them recently and they said that one of their magicians to remain anonymous has came up with a different concept of my design and he will be getting the credit for it and they are unsure as to using my design now. Should I be extremely pissed and should I seek out legal advice ( hate going that way).

If this is true, you might want to expose that company as well as the magician but beware of not looking like an idiot. With accusations like that, you want to be 100 percent sure that the company/magician is using your idea.

If so, expose him/ her. I fI was you right now. I'd youtube it. Perform it,(no exposure) and let everyone know that this trick is by you and what the magician/company is trying to do. After you perform the trick, let them know that you created this said effect how many years ago. And now that magician/company is trying to steal your stuff.

Does this put money in your pockets??? No. This will definately make the magician/company lose credibility. Tell your story and people will listen.....

Tag as many other people you know on youtube as well as some magic companies....

 

[Brad Henderson]

Give your trick away for free to anyone and everyone you know (magicians).

Flood the market with your original idea ands cut them off at the pass.

You aren't going to see any money from your idea now anyway, might as well insure no one else does and insure you at least get the credit.

 

[Cedric Taylor]

Give your trick away for free to anyone and everyone you know (magicians).

Flood the market with your original idea ands cut them off at the pass.

You aren't going to see any money from your idea now anyway, might as well insure no one else does and insure you at least get the credit.

So what i said was about correct right???

 

[worldwideme]

So what i said was about correct right???

kinda, you were talking mass youtube public exposure, brad was talking more along the lines of the magic community and sending to magicians,

i think, no way to know for sure. very similar, but thats the difference i saw.

 

[Brad Henderson]

Yes - but there is another issue being missed.

First, youtube is not the place for magic. Keep it in house.

Write up your trick in ebook or put a video of it and the explanation on your website.

Then got to every magic forum and post: free trick. It has come to my attention that an effect I created in (insert year) is about to be released by a magic company and will be credited to another magician. I had submitted my trick to that company and had been promised they would release it. Given their current decision, I have decided it is in my best interest to share my idea with the community and insure, at least, proper credit is ascribed. Feel free to visit my site and I hope you enjoy the trick.'

Hit genii forum, magic cafe, magic bunny, magic talk, magic woods (those are the big ones that come to mind).

Now - here is where Cedric and I differ - do NOT name or accuse the company!

One, you open yourself up for liability. But more importantly, as they have yet to release anything, you are engaging in speculation AND give them the opportunity to change or not release the product making you out a liar.

Just get your product out there and in everybodies hands before they do.

They cannot fault you for that, it's your idea.

And if they do try to fault you for it, or accuse you of anything, it becomes tantamount to an admission of guilt on their part. (Or at least establishes that there was contact between you and them).

 

[Xdelamuertex]

Thanks

Thanks guys but I have all the emails I need, From me sending the video being performed, to them saying they loved it and are going to use it, then them also saying two weeks later that one of there magicians came up with a similar idea based off of mine so they will be using that one instead. That is all fine and dandy with me, I just want the credit where the credit is due.

 

[Vorezo]

Thanks guys but I have all the emails I need, From me sending the video being performed, to them saying they loved it and are going to use it, then them also saying two weeks later that one of there magicians came up with a similar idea based off of mine so they will be using that one instead. That is all fine and dandy with me, I just want the credit where the credit is due.

Are you allowed to say where?

 

[Xdelamuertex]

Hmmmm

As an atist myself, I would rather not expose thank you.

 

[Brad Henderson]

That's a cop out. If you are going to use the forum to announce your situation, you should provide all of the information - out of fairness not only to your readers but to those you accuse as well.

All you are doing is encouraging speculation and gossip.

If it's an issue worth mentioning, its an issue worth resolving.

All you will manage to do with this response is extend the problem.

Either release your trick now in order to insure credit OR give the full story.

Otherwise you are waisting everyone's time and ultimately will only make it harder for any of your claims to be taken seriously.

 

[Jacob]

As an atist myself, I would rather not expose thank you.

If these people have disrespected you and your effect than why wouldn't you want others to know the truth.

 

[Mike.Hankins]

Thanks guys but I have all the emails I need, From me sending the video being performed, to them saying they loved it and are going to use it, then them also saying two weeks later that one of there magicians came up with a similar idea based off of mine so they will be using that one instead. That is all fine and dandy with me, I just want the credit where the credit is due.

So are you sure they said in the email that one of their magicians came up with a similar idea BASED off of yours? Meaning they watched it, and then took it as theirs? ORRRRR...

Did someone else INDEPENDENTLY come up with the SAME idea as you? Because if that is the case, then this argument is null...

Mike

 

[Xdelamuertex]

Wow

I am not one for destroying any company, I was just curious the thoughts and road I would take to change what has been done and get the credit where credit is due. So Brad I will keep the company on a null. I have talked to a few artists to remain anonymous as well about what to do. After all why do wrong, when the company can still do right? They know.....

 

[Brad Henderson]

First, deeming onself an artist is pretentious. I can't think of any magician who sells product and calls themself an artist who offers anything remotely resembling art. That would require that somone know the history of not only art but their art (magic) and offer something relevant and different. - but I digress.

Second, your assesment of the impact of your allegation is inflated. You do not have the power to destroy anyone or anything. Again, if you had an understanding of how incidents of this nature have been handled before - which, obviously, you don't or you wouldn't have needed to ask others what to do - you would know that the only way these matters EVER get resolved is after they are brought to public attention.

Third, your coy approach only stokes the flames on intrigue and serves only to create speculation. It is the exact opposite of resolution.

So either you don't have a real claim, you know it, and are trying to bluff this alleged company OR you have a trick coming out and you are trying to build hype around a future release OR you lack the ability, knowledge and experience to understand how to resolve a situation - in which case you probably lack the ability, knowledge and experience to have created something artistic or even different let alone relevant.it makes me inclined to believe that whomever works for this company may have legitatemly come up with a similar solution on their own.
I have been involved with dozens if not scores of cases like this. As a reviewer for magic magazine and an outspoken critic on theft, I have had dozens of magicians come to me for advice. They are all serious and concerned. They care and it shows in their willingness to do what it takes to resolve the problem.

You are playing games.

You are waisting our time.

Either release your product and screw them, tell the full story, or move along.

What you are doing now is nothing more than attention seeking.

Artist

Whatever

 

[ReadMoreMagicBooks]

Legally, you can take this to the Supreme Court, but only if you are able to show monetary loss due to the case and that the incident was done with malice and forethought.