The past four years have seen a monumental rise in popularity for magician Antonio Diaz, including winning the Spanish National Magic Prize and the success of his own show, El Mago Pop (or, The Pop Illusionist), on Discovery Max in Spain. Since the launch of the show, his fan base has exploded, and he’s making about $1 million a month performing his Nothing is Impossible tour in Madrid. There’s just one problem: magicians say he’s stealing their tricks.
Over the past few weeks, GeniiOnline has spoken with several magicians, a few of whom have asked to remain anonymous, about their experiences having their performances allegedly lifted over the years. What they say paints a problematic picture, one that shows just how individuals can use loopholes in copyright law to build a career off the backs others’ hard work. (Diaz was contacted for comment for this piece but did not respond to our request by press time.)
Diaz is from Spain, and as such isn’t held to the same requirements regarding copyright law as performers in the United States. Although magic tricks are not expressly copyrightable, performances of those tricks can be.
According to US law, the performance of a “dramatic work” is considered subject to copyright protections. The argument then lies in whether the performance of an original magic trick is considered a “dramatic work.” These specific copyright protections can be used to protect choreography, pantomime, and writings and recordings in an act. In a 2014 court case, Teller (of the famed Penn & Teller duo) took a Belgium magician named Gerard Dogge to court for allegedly copying his Shadows performance, a trick that Diaz has also been accused of copying. In that case, the court sided with Teller, specifically noting that although magic tricks themselves are not copyrightable, the pantomime of the performance was. The ruling was a victory for magicians looking to protect their tricks, but few are in a position to wage such a lengthy legal battle.
The most recent accusations regarding Diaz begin with two anonymous individuals who attended Diaz’s show in Madrid and were, as they told us via email, “dumbfounded” by what they saw. They claimed several of the tricks on display were lifted from David Copperfield’s show in Las Vegas. For example, they described that in one instance, Copperfield’s famous vanishing motorcycle trick was taken wholesale and “performed so poorly as to be laughable.” They also felt that the central narrative of his act was lifted from Copperfield’s show, which follows a young boy on a quest for redemption and uses magic to turn his dreams into reality.
In a recent interview with El Mundo, Diaz was asked about Copperfield being his role model. He replied, “Without a doubt. He is the most important illusionist of all time and we owe him a lot. He has made magic and has shown that he can sell as much as a great musical or a pop superstar.” It would appear, according to these anonymous sources, Diaz owes Copperfield quite a bit more than that.
It would be disgraceful for Diaz to perform these tricks even once, but he continuously shrugs off the disrespect he is showing his fellow magicians. Over the course of his career, multiple magicians have alleged that Diaz has used their tricks without permission. In one instance, two fellow Spanish illusionists took to Instagram to complain about trick theft:
One of the magicians, Joaquin Kotkin, claims that, although he has licensed his original tricks to other magicians, he has never given Diaz permission to use them. He licensed a trick featuring a live poisonous scorpion to David Copperfield, which means that only Copperfield and Kotkin are legally allowed to perform the trick—so imagine Kotkin’s surprise when he saw Diaz performing the trick without permission.
After the Instagram exchange, Diaz contacted Kotkin to apologize, acknowledging that the trick did in fact belong to Kotkin and was used without permission. Kotkin told us via email: “I sense [this is] his way to get away with this type of situation. Asking for forgiveness after being called out and justifying his actions by saying [he] was unaware about the rights of a particular trick, but I think this is his modus operandi.”
Kotkin was not the only Spanish magician to reply to the Instagram comment regarding Diaz. Aaron Crow went into detail via email about how he had heard of Diaz performing one of his tricks without permission and how he feels about the difference between imitation and homage:
I’ve been performing internationally since 2003, always working on creating one new act and on perfecting the ones I have thus far. After 14 years I have one full evening show as a showcase for that work.
It is not the first time that my material has been stolen, copied or sold online…[but] none of these performers were high profile and this close to my backyard until now. So yes – I was really annoyed when colleagues sent me [the Instagram photo] of Mago Pop, this being exactly one week after seeing Joe Labero doing an act that is also, beyond any doubt inspired [by] my BowMan act. This from a guy pretending to live the millionaire lifestyle, driving another limo every week, but having to steal an act from a colleague?
The saying that copying is the highest form of flattery doesn’t really fly; for me it’s highly frustrating to see my signature acts and effects being exploited and tarnished by inferior quality knock off props, inferior methods and performance.
If big names like David Blaine and Criss Angel show me proper respect, reaching out and checking if they could do one of my effects or acts – and respected my wishes – why should it be any different for others?
In addition to the aforementioned magicians, Diaz has also been noted as using tricks similar to Cyril Takayama’s Hamburger Grab (involving a trick that allows him to pull a real sandwich out of a video display) and SOMA’s Paper Shred, (a trick where he rips up a newspaper then magically puts it back together). SOMA is aware that Mago Pop is copying his newspaper trick. He told us via email that he has “messaged [Mago Pop] several times, [Mago Pop] replied nicely, and took off the videos from YouTube that included [SOMA’s] newspaper trick.”
Mago Pop also gave SOMA assurances that he would stop doing the trick, although he never did. SOMA is upset that Mago Pop is “copying several other famous magicians and there is almost nothing [magicians] can do about it. He is stealing intellectual property and building his life on stolen material.”
Legal protection for magic tricks is lacking, but copying another performer’s effect is against the mutually-agreed upon codes of ethics by many of the world’s magic organizations. Here’s what The International Brotherhood of Magicians and the Society of American Magicians spell out in their code of ethical conduct:
Additionally, The Academy of Magical Arts clearly specifies that members are “to discourage manufacturers from producing unauthorized duplications of magical creations by others”, as well as “not to duplicate any effects identified with regular featured performers at the Academy nor use another magician’s original patter or routines”. AMA General Manager Joe Furlow added that members are to “recognize and respect the rights of authors and owners of magical concepts.”
Diaz is pretty clearly aware that he’s copying tricks from other performers, given that he’s apologized when he’s been confronted by the performers themselves. It seems highly unlikely that he’s blissfully ignorant of the impropriety of such imitation and must be as least somewhat cognizant that the magical community finds his behavior unethical. For whatever reason, he just doesn’t seem to care.
Magic can be both wonderful and entertaining, but also complicated and mired with licensing requirements and ethical boundaries. Claims in the allegations listed above about Antonio Diaz performing unlicensed magic tricks may not be violating copyright law, but are viewed as unethical in the world of magic. Magicians who have spoken about their original tricks being used without permission have expressed disappointment that a magician of Diaz’s stature would resort to using tricks without recognition of the creators. Sadly, there just isn’t much they can do as Diaz makes millions using the work of his peers.
There’s a good chance you’ve heard about Mac King. Whether you’ve seen him in television appearances on The Late Show with David Letterman and all five of NBC’s The World’s Greatest Magic TV specials, or you’ve heard of his great accomplishments including 2004 Magician of the Year, Mac King has consistently been one of the most acclaimed shows in the biz. For the past eighteen years, he has been entertaining audiences at Harrah’s Las Vegas. He does two shows a day, five days a week for over 2 million patrons from across the world.
Mac King has been doing his show for a long time. Of that there is little doubt. The bigger questions are how does a performer keep his show fresh for all these years? How could he still possibly love what he does? Graciously, Mac King took some time to speak with GeniiOnline about how he keeps his momentum going even after all these years.
GeniiOnline: You’ve been at Harrah’s for quite a while. Can you talk a bit about your experience working there and crowds that attend your show?
Mac King: Been here a long time. In January, it will be 18 years. When I first started there were two showrooms. I started in the smaller showroom, which had the improv/comedy club. They had a curtain that went halfway across the room in case there was a small crowd. The curtain made it so there were two-hundred seats in front of the curtain. My goal was to get them to open that curtain.
The first time that happened was a few months in. Harrah’s had no idea what it was going to be like. They were pleasantly surprised. I signed a one-year deal and then three months in I signed a three-year deal. The fire marshal said we could fit 300-something in that room and the most we ever had in that room was about 400-something. We brought in extra chairs and people were standing. The fire marshal was like, “You can’t do that.” Then I moved into the main showroom that seats about 560. That was three years into my contract with Harrah’s.
GO: Is that where you are still now?
MK: Yeah. That’s where I am now
GO: I’ve read you do two shows a day still?
MK: Two a day. Five days a week.
GO: I’ve also noticed you had quite a few books published. In fact, you have a new title [Mac King’s Magic in a Minute Great Big Ol’ Book-O-Magic: A Complete Magic Kit in a Book] launching next year.
MK: I do? I’m not sure I have a new title launching next year. That one is a reprint. That was a book I initially sold to Barnes & Noble’s publishing arm. It is a complicated book to make: a lot of die cutting, folding, and assembly. So, when they looked at reprinting it, it was too much money and it would’ve had to sell for too much. So, after a year of not being reprinted, the rights reverted to me. I then sold it to a new printing house, Triumph Books. It will be revised, some tricks will be added, and some will be taken away, but it is essentially the same book.
GO: Do your books range in difficulty or are they a collection of tricks most people can do?
MK: They don’t range in difficulty all that much. There’s some stuff that’s really sleight of hand that you would really have to practice. In [Mac King’s Campfire Magic], there’s a cigarette through handkerchief trick that accomplished with a little golf pencil and someone’s shirt. That takes a little bit of practice for the handling.
The first book I published for the public, Tricks with Your Head, wasn’t really aimed at kids. It was aimed at teens and adults. There is a little bit more colorful language like ‘shit’ and there’s an illustration of me doing a trick for a stripper and you can see her butt. When people come to my show I mention that one is for older kids and adults.
GO: But your shows are family friendly, right?
MK: Certainly, family friendly. I’ve kind of fought against that for 18 years. The initial preconception was that it was for kids. It’s not a kids show but kids are welcome. It’s dirtier than what you would think of a family show, but there’s no cursing, nudity or sex. I’d say it is PG.
GO: Do you tend to experiment with new tricks in your performance sometimes?
MK: Stuff goes in, but very little makes the cut. After a month of something, I’ll find out that it just isn’t going to get good enough to stay. I’ve tried a lot of different things, but after six weeks…that’s one of the advantages I have. I have a great laboratory. I’ve got ten shows a week to work on stuff. I can video a trick, watch it and make changes an hour later. If a trick stays in the show for six weeks, that’s 60 shows, I will then know if it will get good enough to match the quality of the rest of the show.
GO: There’s no better place to workshop than to have those audiences watch it.
MK: Right. Listening to their reactions. Also, I’ve been really lucky. I have a lot of smart friends who come in and watch and give me ideas. Or they’ll tell me “that sucks.”
GO: There’s no question you’ve been in this business for a long time. Do you find yourself suffering from fatigue and if not, how do you do it?
MK: That’s the biggest question I get. “How do you make it seem fresh after 18 years of doing 500 shows a year?” The real answer is I really try hard to make it fresh. Part of that effort is really trying to be present every time. There’s so much audience participation in the show that it is a little different every time. I mean I have a destination that I want to get to and if I don’t pay attention, we can go off track
Part of it is paying attention to what [the audience] does and going with that and having general interaction with the guests on stage and not treating them like props, but treating them as humans. Also listening to what they say and how they react. I’m really trying every show to have audiences feeling like they saw a show that no one else will ever see. That it was a one-of-a-kind experience.
GO: That’s wonderful. When you have different audiences all the time, you get different experiences from everyone.
MK: I want people to go “I was there the day something unique happened.” I have to pay attention. There’s one time in the show where I hypnotize myself and I wiggle my fingers in front of my face. I lean back and close my eyes and I go into what I call a spirit trance. I’m hypnotized. That’s the time in the show where I might lose focus for about ten seconds. I know it hasn’t happened but when I come out of that trance I feel like, since I’ve been on this wild train of thought in my head, I’ll come out of that trance and think like “shit, was that five minutes instead of 40 seconds?” But I’ve never come out of that trance and people were wondering “What the hell happened there?”
GO: I’ve seen quite a few of your videos. How was the experience performing on the David Letterman show?
MK: It was one of the highlights of my life. I was a fan of Letterman since he was first on national TV. Loved his show and loved him. He has an idol of mine and being on with him was an honor. I hardly ever get nervous, but I was crazy nervous before that. I wanted it to be really good. I was pacing in the dressing room, it was nuts. The spot was a little more than four minutes. I remember being out on that stage, in that theater, for that audience. And probably like two minutes in I remember thinking to myself, “Man this is going really well, this is really fun, just remember to relax the rest of the way and enjoy this.” That exact thought went through my head and I felt elated to be able to do that, distance myself for a moment, and the rest of the way was fantastic. I just loved it so much. When he came over afterward and was shaking my hand and telling me how much he liked it, that was the greatest.
GO: I can’t imagine. The trick you did on the show was with a goldfish and Fig Newtons. Is that something that you still do to this day?
MK: Oh yeah. That’s a staple in the show.
GO: What is your favorite routine to do? Is there one trick that really wins over the audience?
MK: I like them all. The hard part for me is that when something new goes in, what comes out? There’s a real solid structure to the show. There’s a beginning, a middle, and an end. Many things are left open-ended until the last ten minutes of the show when everything comes together. It’s all very tightly interwoven. Taking one trick out upsets the whole thing. The last few times I’ve added a four- or five-minute bit I haven’t taken any tricks out. When I first started the show it was 55 minutes, but it got to be about 75 minutes which was a little long. I eventually got that 75 minutes down to about 65 without taking out any tricks, which were a really great exercise that made the show stronger.
GO: I understand about the cohesiveness of your show. Earlier profiles of you detailed how it is impossible to steal a trick from the show.
MK: That’s the plan. My business partner on the show Bill Voelkner and I were talking about taking stuff out and adding other things. But he said “No you can’t, your show is like Wicked [the musical]. Everyone comes back expecting [certain] tricks to be on the show.” I remember one day I broke a prop or something and I didn’t do the goldfish trick. I had six people come after the show to tell me how disappointed they were. I’ve latched on to the analogy that it is more like a musical than a magic show.
GO: Do you still love what you do after all this time?
MK: Oh man. Yeah, I do. My wife and I talk about that all the time. I have another year and something at Harrah’s. Yeah, I want to continue. Things could change in the next year, but I still really like doing it. I still do some shows on the road, mostly 12 to 15 a year, mostly corporate shows. I like those too, but there’s such a comfort knowing audiences know what they are going to see. On the road when I’m doing corporate shows, sometimes those audiences are like “What, there is a show too? Oh, shit. I just wanted to go back to my hotel room.” It can be great or can be crappy. If I quit doing Harrah’s, I certainly wouldn’t be doing 500 shows a year on the road. I would do maybe 50. I can see doing that at some point, but right now, I feel like the show is as good or better as it’s ever been. And I’m as good or better than I’ve ever been. We’ll see if [Harrah’s] will have me, but I’m going to try to extend my contract, plus I’m going to have to get my daughter through college as well.