I don’t know how to put something on the IBM blog. I am hoping you can help me with that. With the following.
I received some feedback as to my email I wrote you last Sunday and thought I would re-write my thoughts and see if this clears up some of the confusion.
Hello all Joe from Wacky Zack’s Magic here.
I am sorry my email that was inspired by Jeff McBride email ‘At war No More’ was a bit confusing as to my point.
What I was trying to get across was the idea of a royalty or a lisc of the use of a routine. A way where a performer one gets paid for their material but, also gives a person who wishes to use the material the ability to do so if the performer wants there to be an option for that.
I agree that if a magician or performer of any form creates a routine. It is theirs and NO one has the right to use it with out permission. I am also not saying that all performers should just offer this option. It is something each performer has to decide for him/herself.
So, my thought is to create a group or organization like BMI or ASCAP where material can be lisc and used. This is ONLY though if the performer wishes to do that. If they don’t then it would be obvious that a person is just stealing the material. I have also had this done in my career and I agree with those that are upset by it. Its wrong and it should not be done.
I tried to give the example of one singer singing a song and then it being redone by another performer. I understand some think this is a bad comparison. So, how about this one. It would be as if an author wrote a play and then it is is interpreted differently from one director to another. The words stay the same but, how it is interpreted might change. I used the singing aspect as I was listening to music when I wrote the original email and was thinking of BMI and ASCAP. However, for the play aspect you could have the same kind of lisc arrangement as Dramatist and Samuel French.
I did understand Jeff’s point that is his frustrated and just tired of dealing with the lawsuits and thieves. So he is making his routines available for sale and doing what he can. It was reading what he wrote that inspired this thought and idea.
My thought is if you had an organization in place they could take charge of the lawsuits and/or sending a cease and desist letter. This would free up the creator of the magic to not have to deal with all the stress. I am not sure the best way to put a system in place but, I think it could be very valuable in many ways.
My couldn’t magicians, comics or other talent based entertainers get together and create this type of organization? That way there is some protection and perhaps even a formal standard. They could get some kind of formal lisc agreement or certificate like the way a patent issues a certificate.
I know through the course of my life I have seem performers use routines I know that someone else has created or at least used. I might not know who actually created it but, I have seen it before. How does anyone know if permission was actually given? So, this was one part of what I was trying to say.
The other part I know is more debatable. That is if someone buys a routine and then uses it for their own purposes. I think if it is done the right way and the creator of the routine gives permission then it is fine that this other performer is using it. However, I also think if any performer is worth their salt they are going to take that routine and put their own twist on it making it more their own and to fit the audience. I just want to stress though I am only ok with this IF the creator gives permission or makes their routine available for reuse.
So, again this is just one mans opinion. If you do not agree that is ok you are free to disagree. I am just trying to think out of the box and think how I can help to improve this industry I love so much and has given me more than I could ever ask.
Best wishes to all,
Wacky Zack’s Magic