MAGIC has been considered as THE SECOND OLDEST PROFESSION in the world. Each day technology has been advancing and the magicians have begun to adopt the pace with the current on-going technology. The magicians of India have also transitioned from the performance of legendary rope tricks to many majestic non-traditional and modern-day acts of illusion.
The desire for magic can never fade away. Magic has the ability to create Big Dreams in the minds of the each one, which can revive them to do Great Deeds. The big dreams of a Magiciandoes not become a Reality through Magic, it demands efforts, constant determination and capital. It takes months and years of effort to design an Act and all of this can go up in Smoke in no time – Poof!
The Constitution of India has encouraged a prudence of Fraternity amongst all men. The Brotherhood of Magicians argues and opposes that the development and techniques of illusion and magic represents an intellectual asset and the publication, disclosure or sharing must be subject to the Codes of Ethics practiced by the fraternity of magicians. The Constitution of India has also secured Liberty and Equality to every individual. Hence, Knowledge cannot be a subject to any constraints and the resources for acquiring knowledge must be freely available to every individual. Every entertainer wishes the protection of laws to perform the signature acts without skepticism. The work of a magician is always in secret and seldom relies on the laws because a magician apprehends that describing the entire act for legal protection shall reveal their secret. The digital world can reveal the hard work of a Magician in fractions of a second. Intellectual Property is the only discipline in law which has been enforcing the efforts of every magician even during “Exposure”. The disclosure on the techniques of magic with any non-magician is termed as an Exposure.
With the advent of technology, the magicians felt the need for a legal protection of their intellectual resources. The Intellectual Property Law provides numerous methods to claim ownership of their intellectual asset and prevent unlawful exposure. Patent, trademark, copyright and trade secret are the essential sources for obtaining legal protection.
A magician is the creator of grand effects. Any invention or a process of such invention which facilitates the performance of a magic trick is potential forpatent. The Registry of Patent gives an exclusive right to the products and process for definite period of years.
A Copyright can protect the entire modus operandi and also the choreography, the pantomime, the writings and the recordings of an act or performance of a magician. Please be advised, mere ideas are not entitled to copyright. Only the written description of the Act will be subject to copyright.
All the confidential information belonging to the magician or the illusionist can be protected through Non - Disclosure Contracts or Confidentiality Agreements under Trade Secret. The contracts can be released to the apprentices, staff and partners in business during the disclosure of any new act and keeping the intellectual property a secret is crucialfor the success of a Trade Secret. The Trade Secret does not require any procedures for renewal.
The Trade Secret and the Laws of Contract allows every magician to enforce silence amongst the apprentice and other compeers. All the above methods are legally enforceable and recognized by law. In any event of illegal exposure, data theft by unfair competition, a magician can legally approach the Court for Due Process.
From the Lawyer’s Desk
The Digital Age demands innovation in every sector and the magicians are pioneers in novel development and techniques. They constantly keep coming up with new futuristic tricks. Magic and Fashion share the same platform, if any new idea for a performance of an Act is copied or disclosed via any medium, it becomes a passé instantly.
The Art of Illusion and Magic requires tremendous patience and perseverance. Recently, the value for preserving an intellectual asset is profoundly understood by the progressive magicians who create more inventions and techniques with current technology than the archaic magicians who are still using the conventional inventions and obsolete techniques. A person must disclose confidential intellectual information to an Intellectual Property Lawyer for acquiring the necessary vital protection and avoiding unnecessary artistic replications. The author endeavors to preserve the legacy of magicians and also prevent from every emerging legal complexities of any person practicing the art of illusion and magic.