Act illusionist Hans Klok evaporates due to copyright protected routines

This week, the Dutch court of The Hague ruled in the case between illusionist Hans Klok and magic consultant Rafael van Herck. The court ruling shows Hans Klok used Van Herck’s copyright protected routines in his shows. The court assigned a global ban on Hans Klok’s use of the routines. The enforcement of the court ruling is enhanced with a penalty of 5000 euros per copyright infringement with a maximum of 50.000 euros.

The case evolves around the following dispute. Magic consultant Van Herck worked with Hans Klok on routines and choreographs regarding pre-existing illusions. Hans Klok used some of these routines in his shows. According to Van Herck, he is the copyright holder of two routines: the ‘hand through body’ routine and the 'head drop' routine. Hans Klok disputes this. The video below shows the two routines.

The case includes different elements. To clarify the elements, they will be discusses separately.

Copyright on ‘hand through body’ routine
According to Van Herck,  he added creative elements to an existing routine and therefore this can be regarded a copyright protected work. However, according to the court, the added element by Van Herck (servant turns away), is too trivial to give the routine an original and creative character. Therefore, the ‘hand through body’ routine is not copyright protected. (Recital 4.4).

Copyright on ‘head drop’ routine
The 'head drop routine already exists as a routine that is performed by one illusionist. Van Herck chose to perform the routine with two people. In addition, Van Herck chose for a pat on the master’s back so the head would fall. Apart from each other, these elements already existed, but the court decided that Van Herck made plausible the overall picture of the routine is determined by his own story and thus by his creative choices. As a result, the 'head drop' routine is copyright protected. Hans Klok carried out the ‘head drop routine’ in exactly the same way as Van Herck and thus infringed Van Herck’s copyright. (Recital 4.6 and 4.7).

Combination of  ‘hand through body’ routine and ‘head drop’ routine
Given the copyright protection of the ‘head drop’, the combined routine, as presented with the 'hand through body’ routine, can also be identified as a copyright protected work.(Recital 4.8) 

Following the judgement: 

• Hans Klok may not use the ‘head drop’ routine (performed by two persons like Van Herck’s routine) in his shows.
• Hans Klok may not use the 'hand-through body’ routine in combination with the ‘head drop’ routine in his shows.
• Hans Klok may use the 'hand-through body’ routine in his shows.

The court ruling can be read here (in Dutch).

Reference: IE-Forum

By: Karen Groen