Something that always surprises me is that part of marketing a magic trick for most magicians isn’t registering a copyright for their pics, art, trailer and ad copy. Especially for the larger magic companies, where when you search for major releases on sites like AliExpress there are soo many knock offs or pirated copies.
For me part of the process once I get the final version of the art, instructions and ad copy is to register the copyright. This cost $65, so it’s inexpensive, and you don’t need an attorney to do it. Once you get that copyright registration number, it gives you a tool to stop pirated or knock off versions from being sold.
I just got my certificate for my Take Out Box trick in the mail the other day.
You can read about how I enforce my copyrights and trademark here: http://www.magicshow.tips/evaporation/an-intellectual-property-case-study/
If you’re thinking about releasing a magic trick, make this part of your process.
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.
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.
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.
The new one that used my Evaporation artwork was pulled the next day, but there was still one listing left.
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.
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!
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!
When I started marketing magic tricks to magicians, I chose to not protect the trick with a patent. It was a conscious choice and I believe is magicians don’t take steps to protect their intellectual property, they can’t be too upset if it gets knocked off. When you sell a magic trick, that makes you a business, and you need to act like any other business.
I made a business decision that it’s not worth thousands of dollars and years to possibly get a patent and to ultimately have that patent become public domain after a couple of decades.
Yes it sucks to have an idea knocked off.
However there are some basic steps you can take to protect. You can get a copyright or a trademark to help stop counterfeits. Personally I have decided to do a combination of the two. I copyright art, instructions and the ad copy of the tricks that I release and I have a trademark on the name Louie Foxx™ .
By not allowing knock offs to use my art, descriptions or name, it makes it much harder for them to sell my products on larger platforms like AliExpress or Ebay. Both of those sites have easy ways for me to report people that infringe on my copyrights or trademark and are usually pretty quick at removing them.
I occasionally search the bigger platforms for my products and file IP claims. I just did a round of this on AliExpress and as of writing this right now, there’s nothing that infringes on my IP there.
