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Magician Suing For Copyright Over Magic Trick
Fluffeh writes "Teller, the silent half of the well-known magic duo Penn and Teller, has sued a rival magician for copying one of his most famous illusions. The case promises to test the boundaries of copyright law as it applies to magic tricks. A Dutch magician with the stage name Gerard Bakardy (real name: Gerard Dogge) saw Teller perform the trick in Las Vegas and developed his own version — then started selling a kit — including a fake rose, instructions, and a DVD — for about $3,000. Teller had Bakardy's video removed with a DMCA takedown notice, then called Bakardy to demand that the magician stop using his routine. Teller offered to buy Bakardy out, but they were unable to agree on a price. So Teller sued Bakardy last week in a Nevada federal court."
Penn has spoken in defense of Teller on this. And apparently the copyright claim was made in 1983. I assume they've copyrighted a few of their tricks as performances this way, and have for years.
Teller knows you can't copyright an idea. He has copyrighted the performance itself, and you can copyright a specific pantomime routine. His claim is that by performing the exact same steps, you are infringing on a copyrighted pantomime routine.
There is legal precedent for that, but I can see this going either way.
http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
There's plenty of footage of Teller talking, giving interviews, etc.
Teller is NOT suing over the technical aspects of the trick (how the rose petals are actually made to fall). They are not copyrightable, and indeed are not described in his copyright registration. Rather, he is suing over the dramatic presentation; essentially he is claiming coypright in a short (2-minute) theatrical performance.
I don't think Teler would have protested his competitor adopting the trick itself (magician interacts with shadow on screen but affecting the physical object casintg the shadow) -- he'd have expected credit ("This trick was invented by Teller") but wouldn't have claimed legal ownership. But Teller should be able own the theatre he creates.