Legal Legerdemain

While Houdini was a magician by trade, he had several other interests such as film and aviation. He was also an innovator, seeking to improve existing items with an escapist twist. In 1921, Houdini invented a special diving suit which would allow wearers to get out of the suit faster if their air supplies failed by using a locking joint in the middle of the suit. While not quite as innovative, Houdini also invented a toy that would mimic Houdini’s famous straitjacket escape. Houdini decided to patent both of these and a handful of other inventions, but the patent applications required detailed drawings to demonstrate the uniqueness of each invention.

While Houdini was a magician by trade, he had several other interests such as film and aviation. He was also an innovator, seeking to improve existing items with an escapist twist. In 1921, Houdini invented a special diving suit which would allow wearers to get out of the suit faster if their air supplies failed by using a locking joint in the middle of the suit. While not quite as innovative, Houdini also invented a toy that would mimic Houdini’s famous straitjacket escape. Houdini decided to patent both of these and a handful of other inventions, but the patent applications required detailed drawings to demonstrate the uniqueness of each invention.

Thus, protection of the mechanisms by which his tricks were performed was a little, well, trickier. Houdini worried that if the design components of his inventions were revealed, other magicians would copy his designs and incorporate his tricks into their shows. It would also violate the unofficial magician code – never reveal your secrets. This issue would likely be solved today through trade secret-related law, but those concepts were not officially recognized in the United States until the 1970s.

Houdini was able to wriggle out of the patent handcuffs by pursuing copyrights. Since its codification in 1856. U.S. Copyright law has protected dramatic compositions. Instead of explaining the various inner workings of his magical inventions, Houdini instead filmed himself performing the trick, which prevented others from performing the same feat in their own shows. Houdini’s first copyrighted dramatic composition was the playlet, “Challenged: or, Houdini upside down” which featured Houdini performing his famous Water Torture Cell trick wherein he, shackled by the ankles to the locked lid of a water filled tank (which he called the “Upside Down” long before Stranger Things came along) would later emerge unharmed. His ankles were shackled to the lid of the cabinet and the lid was locked. The playlet included a script – Houdini, playing himself, would boast about his great feats and others would challenge him. After Houdini performed the trick successfully, the script called for cheers admiring his great skill. All of the playlets were recorded as to demonstrate the trick for copyright purposes but not expose the mysteries behind it.

Houdini copyrighted two other playlets – “Walking Through a Brick Wall” and “Buried Alive.” He mystified audience on film and in person until October 31, 1926, when he died of reported appendicitis. In his will, Houdini bequeathed his magic tools to his younger brother, Hardeen, who also worked as an entertainer and magician. The terms of Houdini’s will instructed Hardeen to use the tools and then burn them upon Hardeen’s death. However, Hardeen sold many of the tools, which still exist today. Some of the tricks within those tools have been reverse engineered and replicated, while others remain a mystery to the most skilled magicians.

Sources:

Was Harry Houdini’s Most Famous Trick Understanding IP Law?

Escape Artist Harry Houdini Was an Ingenious Inventor, He Just Didn’t Want Anybody to Know

Houdini and the Magic of Copyright

Lawyer by day, amateur historian by night. Casedo’s Historian in Residence has a passion for researching the people behind the cases, notable firsts, and any little tidbit of knowledge with a legal angle. In addition to her historical pursuits, Jessica Barnett also enjoys spending time with her husband, three children, three cats, dog, and toad.

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