Скачать или смотреть David Frost Interviews Andrew Eborn: SHADOWS How Teller Won the Fight to Protect Magic Secrets!

David Frost interviews Andrew Eborn, CEO of Octopus TV and international IP lawyer, on the protection of magic tricks in light of the case brought by Teller of Penn & Teller fame regarding another magician selling their tricks.
Penn & Teller: Fool Us - Shadows - Season 2 Episode 10 (2015)
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In a pivotal case for artistic copyright, Teller of the magician duo Penn & Teller won a lawsuit against Belgian entertainer Gerard Dogge, who had posted a video replicating Teller's illusion Shadows on YouTube. This illusion involves Teller cutting the shadow of a rose, causing the real rose to fall apart. Dogge not only performed a similar trick but also offered to sell instructions and props for over $3,000. Although magic tricks themselves aren't copyrightable, the court ruled that the performance of Shadows, registered as a pantomime, qualified for copyright protection. Teller’s case demonstrates that while secret-keeping is a hallmark of magic, copyright law can be a powerful tool in defending unique performances. The judgment has broader implications for the artistic community, especially where originality and intellectual property intersect.

Illusionist Teller’s Landmark Copyright Lawsuit: A Triumph for Artistic Protection
In a significant legal battle for the protection of artistic works, Raymond Joseph Teller, famously known as one-half of the renowned magician duo Penn & Teller, took legal action against Dutch performer Gerard Dogge for copyright infringement and unfair competition. Filed on April 11, 2012, Teller’s lawsuit marked a critical moment for artists fighting to safeguard their creative endeavors in the face of unauthorized reproduction and profit-seeking.

The Conflict Unfolds
The lawsuit’s origins trace back to two videos that Dogge posted on YouTube. In these videos, Dogge allegedly performed a routine that mimicked Teller’s iconic illusion, “Shadows,” without permission. Not only did Dogge recreate the illusion, but he also reportedly offered to sell the illusion’s props and instructions to the public for approximately $3,000. According to court documents, Teller argued that Dogge intended to profit from his work by making it available for purchase, ultimately reaching a global audience via the internet.

Dogge's video, titled The Rose and Her Shadow, was, according to Teller, a clear attempt to clone the artistry and mystique of Shadows. Teller's complaint stated that Dogge “created his own prop and made plans to sell it,” essentially allowing others to perform Teller’s illusion by following his instructions. This audacious offer to commercialize a piece of magic closely guarded by Teller propelled the illusionist to take legal action.

Teller’s Pursuit of Justice
Teller did not take this alleged infringement lightly. In pursuing the lawsuit, he sought substantial damages, ultimately presenting an almost $1 million claim for costs, including $57,906.95 in expenses and $931,661.65 in attorney’s fees. In his complaint, Teller emphasized the importance of copyright protection for preserving the integrity of his performance art, arguing that Dogge's actions devalued the original work and undermined Teller’s career-long efforts to craft unique illusions.

The court found Teller's claims valid and supported his allegations of copyright infringement. However, the judge highlighted the minimal reach of Dogge's videos, which had garnered only twelve to fourteen views at the time of the case. Despite the small audience, the court ruled in Teller’s favour, granting him summary judgment and awarding a financial recovery for both costs and attorney’s fees. In the end, Teller was awarded $15,000 in damages—a fraction of the total he claimed but a symbolic victory for his stance on protecting artistic intellectual property.

Setting a Precedent for Artistic Copyright
Teller’s lawsuit against Dogge illuminates the vulnerabilities artists face when their works are copied and sold without consent. This case, although involving a relatively small monetary award, represents a victory for performers and creators in a legal landscape that often challenges their ability to retain control over their creations.

In an industry where magic tricks and illusions depend heavily on secrecy, Teller’s triumph reinforces the idea that performers should—and do—have recourse when their work is copied without permission. As artistic communities continue to navigate the complexities of copyright in an increasingly digital world, Teller’s case stands as a notable precedent in the ongoing struggle to defend creative integrity.