Don’t Steal Other People’s Creativity

One of the rough things about being creative is people taking your work and calling it their own. This recently happened (in a non magic context) when I posted this picture that I took on social media:

coffee and shrimp picture

Then someone took the picture and passed it off as their own:

stolen ideas

No little photo credit or even tagging me. Sure if he gave me a photo credit, it would takeaway the idea that this was his idea…but you know what, it’s not his idea, it’s mine! Since I know this person, simply asking me if they could use the picture would have been a nice courtesy.

On the surface this appears to be a stupid little picture and it is. But there was a bit of hard work to get there. First of all someone had to have the idea of putting shrimp where it didn’t belong. Here are the three previous ideas before I got to the coffee (which is the best image):

FYI, I’ve also learned that I’m not the first person to do the Corona bottle when someone posted it in the comments of the picture of the shrimp in the coffee, and honestly I’d be surprised if I was the first person to do the coffee.

Above is the full uncropped image. Next I had to blur the background and crop it to get to the final image.

While it’s not a ton of work, it’s still my energy, both creative and physical…I’m the one who put in the work. There were steps to get to the final image, it didn’t just appear like magic out of nowhere. This is the exact same thing as stealing a joke from my show. I try to be creative all the time, and it really sucks when someone passes my work off as their own.

The moral of the story is don’t steal other people’s creativity.

-Louie

An Intellectual Property Case Study

Let’s talk a bit more about protecting your marketed magic creations. I’m amazed at how many creators and magic companies don’t take the most basic step of copyrighting the art and ad copy for the magic tricks that they release.

Before we go any further, let me say that I do understand that technically you have the copyright to whatever art/ad copy as soon as it’s created, but you can’t enforce that without registering it with the copyright office. It costs about $65 to register a copyright, so it’s not a huge hurdle.

Once you have that copyright registration number, you can actually enforce it.

It’s been a while since I’ve gone onto AliExpress to have knock off products removed. I did a search and there were five knock off products.

evaporation by louie Foxx


There’s one listing that was blatantly using my copyright protected Evaporation artwork, so I filed a claim and that was taken down the next day. That left these four knock offs of my Evaporation trick.

evaporation by louie Foxx

All four of them use “Louie Foxx” and I own the trademark to that. Trademarks are like copyrights in that you technically have a trademark when you start using it in business, however you can’t really enforce it until you have it registered with the government. This cost about $300 and took some time to be approved, but it wasn’t difficult for me to do by myself without a lawyer.

My next step was to file a trademark violation with AliExpress and they immediately took down three of the four listings, and a new one popped up.

evaporation by louie Foxx

The new one that used my Evaporation artwork was pulled the next day, but there was still one listing left.

evaporation by louie Foxx

I’m not sure why this one wasn’t taken down by AliExpress with the rest of them as it’s a clear cut infringement on my trademark. I took a peek at the listing and noticed that in the listing they show my copyright protected instruction sheet.

evaporation by louie Foxx

That let me file a copyright claim as well as the trademark claim on the listing. The next day that listing was taken down and as of this morning there were no more products on AliExpress that I could find that used my trademark or copyrights!

knock off magic

It’s an easy process, I had probably 30 minutes total put into getting the listings pulled. It’s not hard to do, and I’m really surprised more magicians don’t take the very basic step of copyrighting their artwork. Sure you shouldn’t have to do this, but actually doing something is better than just whining about it!

-Louie

Own Your Magic!

About a month or so I picked up the book Own Your Magic A Magicians Guide to Protecting Your Intellectual Property by Sara Crasson. It was recommended by Christopher Weed, who is a super smart guy!

If you’ve read this blog, you’ll know that I’ve learned a lot about protecting the magic that I sell and that I’ve been very successful in keeping knock offs of my magic products off of sites like ebay and aliexpress.

I think this is something that all magicians should read, it not only covers the different types of intellectual property (IP), but how it applies specifically to magicians. Hopefully it will inform idiot magicians who don’t know about IP from commenting in social media groups with factually inaccurate information about IP.

My favorite is when a magician says a trick is protected as a “trade secret”. Sure it can be, but if I’m not a party to the trade secret agreement and can figure it out, I’m (legally) free to use it. Trade secrets only apply to those who have signed the agreement.

If you’re a creator, I hope if gives you a base for where to start to protect an idea for a trick and the different processes for doing it. For example, I personally don’t want to patent a trick due to time and expense. I choose to copyright the art and instructions. That allows me to remove knock offs from popular sites because they are using my text and art. Most of the people knocking off don’t want to spend the time it takes to write ad copy and create art, so it narrows down the amount of knock offs out there.

If someone uses my idea and creates their own art, text and ad copy they are legally free to do make my product. Sure, I’d rather they don’t, but I’ve accepted that’s how it is based on what I was willing to do to protect my products.

I’m always amazed at how many magicians have taken the basic step of registering the text and art of their instructions and ad copy. It’s less than $100 and easy to do online.

Get the book Own Your Magic A Magicians Guide to Protecting Your Intellectual Property, read it and at least be informed!

-Louie