Abstract: By examining the constituent elements and the types of works cited by the copyright law, we can find that some works of magic comply with their general composition elements, and as a form of acrobatic art are different from music art or dancing art which constitute independent kinds of works. However, based on the thoughts/expression dichotomy, the protection of copyright law does not extend to every element of the magic, and only elements like action, language or facial expressions in magic shows are in the scope of protection. Furthermore, the act of exposing others' magic isn't infringing their copyright since it only uses the designing thoughts of the magic. The act of imitating others' magic is not necessarily an infringement, but can constitute a reasonable use. To give full play to the role of copyright law in the protection of magic, we should improve our related neighboring rights system.