TELLER STEALS HOUDINI'S TRICK!

We’ve been trying for a long time to get the transcript of Houdini’s 1912 lawsuit against the notorious Madame Undina. The German courts tell us the documents were lost in the war. It’s not only a rare piece of  Houdiniana, it’s a legal landmark. Variety artists, including magicians, fall into legal limbo when it comes to preventing their acts from being copied by others. 

For illumination on this dark corner of intellectual property law, see our friend Sara Crasson’s article first published in the Villanova Law Journal. She’s a lawyer and a magician, and really good at both jobs.

Magicians have an unwritten honor code that you don’t steal another’s trick, or you at least give credit where it’s due. This code is all too often honored in the breach, we’re sorry to say. 

(We note for the record here that we, performing as The Great Saltini, were the first to saw a lady in half with a chainsaw!)

The legal point is that you can copyright a novel or a play, but not necessarily a magic show or other variety act. It can easily slip through the cracks in the copyright law. 

Houdini brilliantly overcame this by writing up each of his illusions as a playlet - number three above, "dramatic works." He then performed them for an audience of one - a representative from the Copyright Office. 

On this basis he was able to successfully sue Miss Undina in Germany.

And now our friend Teller has done the same. In what we believe is the first successful effort since Houdini to copyright a trick in this country, Teller has won an injunction against a Belgian magician who was found guilty of stealing his famous “Shadows” routine. 

Taking a leaf from Harry’s book, Teller was clever enough to copyright his Shadows act not as a playlet but as a pantomime - number four above. 

[Video link here.]

We’re confident this case of stealing a trick from Houdini is one the Old Master would have applauded.

                                                    ###