Copyright

Hi,

I was reading the following topic: "Copyright-problems when selling props?"

I wonder what copyright issues might arise with costumes. If I were to dress up in a replica Batman suit, and people film me and put videos online, could I be pursued legally for copyright infringement? Does The RPF have a deal/licence which allows people to dress up in replica costumes and visit their exhibitions?

Best regards,

Nicholas

This is a topic that's been discussed over and over... what it boils down to is this:

- You won't be pursued by the studio/copyright holder for dressing up as Batman even if people take video of you and upload it. That's not what they go after as it would utterly destroy the cosplay community and alienate that fan base.

- You WILL be pursued for infringement if you set up a production line of said batman suits for sale without proper licenses from the copyright holder. The better the quality and more sales you take away from their licensee, the faster you get shut down.

So overall, you and anyone else who wants to dress up as a certain character and go to cons and such are fine. Nothing to worry about.

Hi Nyro,

I think copyrights only apply to people releasing films or material which they claim to be their own product.
If you're a fan though,you dress up for a comic con and you're filmed for fan based purposes,then it's not a problem.If fandom was a problem,then thousands of fans who already put their clips on youtube would now be in trouble,which would seem highly unlikely to me.

To be more specific, if anything it would be trademark infringement. Copyright covers the implementation details of a specific work, like a book or a film or a piece of music. Character likenesses and symbols however are trademarked, which means infringement is possible if it is "confusingly similar" to the original. Trademarks are the things that have to be repeatedly defended or there is a risk of the trademark becoming so diluted at the court deems it is no longer a protected brand and is thus a generic mark for anyone to freely use (i.e. the term "refrigerator" used to be a trademarked product name of Whirlpool) before falling into common use.

However this all completely orthogonal to whether WB would care about a fan hobby. Legally there's only a violation if you're doing it as a business, and even then it's very unlikely they would do anything because they know these people are their biggest fans (and customers).

Where can I apply for a licence?

What gregday said! Trademark covers much more than copyright.

Clothing gets less protection than many other art forms as so much is considered to be functional vs artistic. Which is freaking annoying as a designer but understandable. Seams are functional but it doesn't make them any less artistic because well, look at the history of fashion and look at them and spot how often they change entirely due to the fashion of the time. They are also evolving solutions to the issue of fit, but often the ideal fit is an expression of the aesthetic of the day.

So clothing is complicated.

Intellectual Property is the term you probably want to go look at, and it's really not easy. I don't share patterns that I have created even to just fans (clothing, props, anything) as I know the second I do they get grabbed by people who will use it to make money of the IP that I do not own. It has happened with other templates I have shared, and now there is easy access to very cheap knock offs it's just more likely than ever that will happen.

Cosplay and recreation media costumes are in a zone where we are lucky to now be seen as walking advertisements! But as walking representations of the IP we need to be respectful and recognise that. But I started sharing my work in the old days where you could get a C&D for just sharing a photo and naming the character! Made sharing resources to recreate for ourselves very difficult indeed!

As long as you personally aren't benefiting monetarily or preventing the rightful copyright owner from doing the same from your cosplaying, you're pretty much good.

Thanks, guys. I've emailed the owners about this. Let's see if they respond.

Garments are not covered by US copyright law. Period.