IMPORTANT MESSAGE TO ALL ASSEMBLY OFFICERS AND ASSEMBLY MEMBERS

Under our Code of Ethics, the unauthorized copying, duplicating or lending of copyrighted video tapes, DVD disks or books is prohibited. Also, the United States Copyright Laws similarly sanction the unlawful duplication of copyrighted video tapes, DVDs or books.

A copyright owner in selling a video tape has the right under the copyright laws to restrict the use of the video tape for home use only. This means that the purchaser of a commercial video tape may utilize and review the tape only at home. Any commercial showing of the video tape, such as showing the video tape before a group of numerous people, is beyond the scope of the copyright license. Furthermore, if an Assembly purchases a video tape for an assembly library, anyone who borrows the video tape from the library and then makes a copy of it is violating the copyright laws.

I know that many people don't feel that they are doing anything wrong when they copy a video tape. It is not only against the law, it is ethically and morally wrong.

The distribution of magic tricks and video tapes is to a very limited audience. If magic video tapes continue to be included in assembly libraries and unlawfully duplicated by members, magic dealers will lose substantial sales and will have no incentive to continue. This hurts not only the magic dealer economically, but also magic in general because the dealers will no longer want to put out video tapes. Already one prominent magic dealer has discontinued the production of video tapes because of illegal duplication. The dealer complained that for every video tape sold, five to ten copies were made. The cost of producing a video tape is very expensive. The producer must rent video facilities, the performer is entitled to receive remuneration and the distributor incurs substantial advertising costs. Video tapes are a great learning tool and an important addition to anyone's personal library. It would be a shame if magic dealers ceased their production.

Several magic dealers have concluded that the only way they can protect their business is by proceeding against individuals and groups that violate their copyright by providing a video tape library and the ability to copy the tapes. The only way we can prevent such legal action is by discontinuing the practice that exists among certain assemblies.

I am issuing this notice to all assemblies and assembly members so they may be forewarned that they may be subject to legal sanctions by the distributors of the videos.

Warren Kaps, Past National President,
The Society of American Magicians
E-mail: kapsmagic@juno.com