The court in Rice v. Fox Broadcasting (US) held that an “ordinary magician” character wearing the “standard magician garb” of a black tuxedo with tails, white tuxedo shirt, black bow tie, and black cape with red lining, was not protectable.iii
The case concerned a TV
series on revelation of popular magic tricks. Fox Broadcasting was sued for creating a second show that featured the same concept. In both programs, a masked magician revealed how the trick is performed. The court held in part that the “later-in-time” show format did not infringe the original show’s copyright because most of the similarities between the two were scènes-à-faire.iv
In conclusion magic reveals a difficult subject for legislators and courts. Is the magician brotherhood strong enough to trick the law in accepting magic as a distinct category in the near future?
Nawaz Dookhee qualified from the LSE and the Inner Temple, UK and has been in private practice for many years. He has extensive experience in broadcasting and media related matters. He is now heading the Legal Dept. at the ABU. (nawaz@
abu.org.my).The views expressed are those of the author and do not engage the ABU in any manner. The views expressed should not be considered as legal advice and readers are advised to seek advice of legal counsel on any matter related to the subject matter of this article.
WIPO 33rd SCCR in Geneva
T iBBC News: Clive Coleman
iiAlex Stone, fooling Houdini: magicians, mentalists, math geeks & the hidden powers of the mind (2012)
iiiSee excellent article on the subject by Janna Brancolini “Abracadabra! - Why Copyright Protection For Magic Is Not Just An Illusion”, 2014
ivScènes-à-faire are scenes or sequences that “necessarily result from the choice of setting or situation.” They are the result of the work’s theme as opposed to the author’s imagination, and are often called
he 33rd Standing Committee on Copyright and Related Rights (SCCR) was held from 14-18 November 2016 in Geneva at the World Intellectual Property Organisation. The newly appointed Ms Sylvie Forbin, Deputy
Director General gave the opening remarks. Mr Martin Moscoso Villacorta continued as the Chair while Ms Michele Woods acted as the Secretary.
The main focus of the SCCR was on the Treaty for the Protection of Broadcasting Organisations. Limitation and exceptions for libraries and archives and for educational and research institutions and for persons with other disabilities were also discussed.
The documents related to the Broadcasters Treaty were SCCR/27/2 REV., SCCR/27/6, SCCR/30/5, SCCR/31/3, SCCR/32/3, SCCR/33/3 and SCCR/33/5 as well as informal charts and non – papers prepared by the Chair. The papers prepared jointly by the delegation of Latin America on the Broadcasters Treaty were welcomed favourably by the delegates. The document SCCR/33/5 titled, “Note on the Draft Treaty to Protect Broadcasting Organisations” was submitted by Argentina, Colombia and Mexico.
The ABU was represented at the WIPO by Dr Yan Bo (Deputy Director, Copyright and Legal Affairs Office CCTV – China and Chairperson of ABU IPLC), Mr Masataka Hirano( NHK -Japan), Mr Nawaz Dookhee (ABU Legal Manager) and Ms Seemantani Sharma (ABU Legal and Intellectual Property Services Officer). The ABU had a constructive meeting with the delegations of the Asia – Pacific Group, which is headed by India.
With the conclusion of the 33rd SCCR, Mr Martin Moscoso Villacorta of Peru, who served as the Chair of the SCCR closed the event. The next 34th SCCR will take place from 1-5 May 2017.
ABU News 53
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