SyFy's Heroes of Cosplay

Ok I took the figurative step back and thought about why I am not a fan of the show. I realize it is the same reason I do not care much for FaceOff or even the first time I saw Austin Powers but like it now: I thought it was going to be something different from what it actually is. Based on the commercials I thought this was going to be a show that interviewed the winners of various convention contests to find out how and why they made their costume. That is why the first five minutes of the first episode I started thinking something was wrong because it showed one of the props I saw at MegaCon being made and I was thinking, "how could they have done that unless they knew that person was going to do well before the judging?" Now I know. And I also know this show is about the behind the scenes drama, not the conventions or contests (except whether any of the cast wins).

So I just need to
keep-calm-and-ride-the-drama-llama.png
 
Edit: I also have to agree with Art, the statement the photographers made is not very professional. Posting the correspondence publicly is never a great way to behave in a legal situation. Unless they really want to spend tens of thousands of dollars fighting this, which could easily take years, they would have had more success by finding a copyright attorney to go over the process in detail. Once they had made damn sure that their contract was bulletproof, they could go ahead and make a short, public statement clarifying the copyright details of the case and their intent to recoup their losses... then have their attorney get in touch with NBCU to ask for fair compensation, or be forced to seek damages.

Nailed it. I don't know Darrell, but I do know Bryan Humphrey (and have a lot of respect for his work), but this couldn't have been handled more poorly and reflects horribly on both guys. Worse yet, they are already trying to do damage control, because they see this might actually come back and bite the models, who are their bread and butter. So very very short-sighted... :(
 
If the cosplayers signed a model-release that was written by someone who has any clue what they were doing (i.e. one clearly specifying that the photographer is sole originator of the copyrights, which cannot be signed away in any way under US law, and that the model/subject has limited, non-transferrable use for self-promotion in reasonable channels) and the cosplayer, who are most likely working as independent contractors for the show, then gave NBCU those photos under a contract stating that any materials provided were cleared in terms of copyright... then the cosplayer alone is 100% at fault from a legal standpoint.

What I don't understand is in the Facebook comments below the article, they repeatedly state that "signed releases don't hold up in court." In my close to 19 years of producing tv, I've never seen or used a release that not only wasn't written by an army of lawyers, but would fail to hold up.
 
What I don't understand is in the Facebook comments below the article, they repeatedly state that "signed releases don't hold up in court." In my close to 19 years of producing tv, I've never seen or used a release that not only wasn't written by an army of lawyers, but would fail to hold up.

I read a handful of the comments over there, but the lack of basic copyright knowledge made my head hurt.
 
Ok, someone with more legal knowledge than me answer a dumb question please:

Granted I feel for the photographers, but isn't this a twisted snake of a thing? How can you sue for photographs of people as copy-written characters??

Couldn't the studios that produced any of the copy-written characters go BACK after both NBC and the photographers and possibly the 'cosplayers'? Or is there a loop hole that protects them somehow?

I know the people dressed up on Hollywood Blvd. and what not have gotten cease and desists before. Of course not all of these people are holding the characters in the best light...just watch "The Reinactors" documentary on Netflix. It'll throw your WHOLE day off...
 
I read a handful of the comments over there, but the lack of basic copyright knowledge made my head hurt.

Yeah, I mean the repeated comment of "Releases aside.. as they don't hold up in court" doesn't make sense. It's not like NBCU hands production companies copies of their release form and says, "Here, use these, they're worthless as legal documents, but we'd like you to use them just for fun."
 
There is blood in the water and the Sharks are circling! :lol


What a mess! :facepalm
 
Obviously there's a lot of confusion, and I won't pretend to know anything about copyright law, but I think people are conflating/confusing the issue. My understanding is that the photographer has exclusive rights to his photographs, no matter what the pictures are OF. Isn't that correct? But people are claiming that you can't hold copyright to a picture of a copyrighted/trademarked character, that the photo belongs to, say, Disney?

Yeah, there's a lot of uneducated speculation. Welcome to the Internet.
 
I'm not sure if it matters, but isn't Heroes of Cosplay produced as a Documentary and not a Reality TV Show? Doesn't that give them extra leeway with rights and usage? I was pretty sure that was why they went the Documentary route and not the standard TV show. Especially since there would be so much footage of people in unlicensed costumes.
 
I covered all the New Yrok Comic Cons as a professional journalist/photographer, and many of my pix have been used on web sites, blogs, etc. without my permission. My name never even appeared as the photographer. A cosplayer I was nice enough to send my pix to also included one of them in a self-pubd book she sells at her booth. I met her again at the last NYCC and she showed it to me and asked if it was ok. I was fine with it because she's the model and isn't making a fortune off it, but a TV show using pix without permission aint cricket. Yaya Han has used my pix on her site, and I'm fine with that, too but if any of them end up on this show they'll be hearing from my lawyer. Reality TV is entertainment not journalism.
 
To try and answer some of the questions asked above:

Copyright protects an original work from unlicenced reproduction and commercial exploitation, nothing more, nothing less.

The implications can get very complex... you obviously can't take a photo of a full page from a Superman comicbook and you can't recast a superman statue, but you can take a photo of someone dressed as the character, as you aren't violating any copyrights in doing so. You may however be reproducing a trademarked costume or symbol (for example Superman's "S", but trademarks only protect such symbols and names from direct commercial competition (trademarks specifically protect against use that "creates confusion in the marketplace") so unless they are used in way that implies that DC is involved, you aren't violating the trademarks either.

In this case, the people in costume could be said to violate trademarks by creating costumes, and they certainly can't claim to have copyright over their work, since the costume (excluding original characters or severe reimaginings) are derivative to the point of a clear origin. If there is a dispute and it is clear to the judge that the character being cosplayed is Poison Ivy, it doesn't matter if it is steampunk-B&W-crossplayed Poison Ivy.

The photographer however, unless trying to pass the photo of as an official DC promotion, is not violating any copyrights or trademarks. To make things even clearer with regards to who own the copyright, if his subject is in a public place or one in which commercial photography is permitted and that fact is made clear, he or she wouldn't even need a model release form to make commercial use of the photos. In this case, I don't know if he brought model-releases to the con-floor as a gesture to avoid any confusion, or if he responded to cosplayers looking to use the photos for self-promotion by asking them to sign such a form to clarify the rights. Either way, if he made any effort at all expected by a professional photographer, he alone is able to allow use of the photos in any medium... so either the production company or network screwed up in a very amateur way, or the cosplayers didn't take time to read/understand what rights they were given and overstepped.

NO photographer with any knowledge of the law would provide the subject of a photo with transferrable rights to a photo, unless compensated heavily and working directly for said subject.
 
The question is, WHO provided the photos to the production company? Obviously it wasn't the photographer...

The cosplayer, the statement mentions giving some cosplayers (no names mentioned, and they've censored the links to the photos so there is no way of knowing) permission to use the photos for self-promotion, which usually means (specifically noted in the agreement) either posting them on their website/facebook or using them at conventions/booths, with proper attribution of course. I obviously have no idea what terms they had, since they didn't divulge any of that information, but those are standard terms for "self-promotional" use.
 
The cosplayer, the statement mentions giving some cosplayers (no names mentioned, and they've censored the links to the photos so there is no way of knowing) permission to use the photos for self-promotion, which usually means (specifically noted in the agreement) either posting them on their website/facebook or using them at conventions/booths, with proper attribution of course. I obviously have no idea what terms they had, since they didn't divulge any of that information, but those are standard terms for "self-promotional" use.

Yeah, it would be interesting to see the release form. I mean, if I'm handing over a materials release to a producer at a television production company, I've got to know what they intend to use "my" materials for. The producer would/should/could ask if the subject owns the photo before asking for a release...
 
Yeah, it would be interesting to see the release form. I mean, if I'm handing over a materials release to a producer at a television production company, I've got to know what they intend to use "my" materials for. The producer would/should/could ask if the subject owns the photo before asking for a release...

My guess would be that the cosplayers signed a blanket independent-contractor contract, which somewhere in its 200 pages states that the cosplayer verifies that all materials given to production are cleared for use across all media. The cosplayer, having been asked if they have photos of their work and not knowing that the photographer retains those rights, either believed that such use was OK and covered by "self-promotion" (ridiculous), that being the subject of the photo grants such rights (more ridiculous), or didn't even think twice about it (ignorant and foolish). Or some other option, either way I fear we'll find out.
 
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