I'm not sure what the actual case law is on this issue, if there even is one; but let's look at it logically:
An effect is available on the market. I purchase the effect and perform it in most of my shows. I don't always have the opportunity to say, "this is called, 'Wowzers', by 'Pete Prestidigitation', (obviously made-up names). Furthermore, my audience doesn't give a flip. I'm paid for the gig. Am I therefore a theif? I paid the retail rate for the item, purchasing it from an authorized dealer or directly from the creator. Does that mean I cannot perform it while being taped on someone's vacation video? Does that mean I can only perform it in my living room for my dog? Does that mean that if I'm invited or featured on a broadcast television show doing magic that I can only perform tricks I created and built myself?
I dare say that if Criss Angel isn't saying, "I came up with the concept for this trick" or, "I made this trick" and then sell it with his name and image on it, then he's fully within his rights to perform a commonly marketed illusion on his show.
Copperfield does it. He's performed Sankey's "Airtight," Kevin James' floating rose, Doug Henning's water fountain levitation and many, many, MANY more illusions that were freely available in the local magic shops at the time. The only difference is that Copperfield will list the names of the creators, (though not associating them with the trick or naming the trick itself), in the credits at the end of his show. However, that's not always the case. He's performed a vanishing hanky illusion on television using a silk handkerchief and a Vernet FT. He didn't credit the originator of that illusion, give any history or mention Vernet. He did a $100 bill switch - twice - on T.V. using a TT. He didn't credit the originator of that illusion, (and I KNOW he knows who is credited with it), nor did he credit the maker of the TT.
I think one can use a commonly marketed illusion on televison without stating whose it is. Only magicians care and furthermore, it would just give the merely curious idiots who buy tricks, learn the secret then expose the method to anyone who will hold still long enough the precise name and/or inventor of the trick and make it that much easier for them to expose it. I think that's far more damaging than not crediting the creator/maker of the illusion on camera.
It may be the right thing to credit the illusion to its creator; but it certainly isn't the required thing. David Copperfield does it because he has class and ethics and respect for the art. Criss Angel apparently has none of those things. But considering how Mr. Angel - and his "Loyal" - are butchering the art of magic as of late, perhaps not crediting the creator of the illusions is a blessing in disguise.
So I guess I'm butchering the art of magic, right? Come on, don't make assumptions. I love Criss, and I watch him every week, but that doesn't mean I don't take magic seriously. I'm a serious performer, and I get paid while I do it too. (Don't take that last sentence the wrong way. I'm not a full time worker or a professional by no means. I just stated that I earn money while doing it. Just wanted to let you all know before DerZauberer rips into me.)