Forum - View topicINTEREST: Japanese Lawyer: Making Cosplay for Others is Copyright Infringement
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Lemonchest
Posts: 1771 |
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You mean reproducing copyrighted material for commercial or public use without the consent of the copyright holder is technically in breach of the law? I'm shocked! Next you'll be saying that Doujins based on existing franchises are also in a legal grey area that is only able to operate due to a general policy of non-enforcement on the part of the rights holders.
Also, inb4 someone blames the TPP for this. |
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WashuTakahashi
 Posts: 415 Location: Chicago, IL |
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As a cosplayer myself, this doesn't really surprise me. My uncle is also a really good cosplayer, and used to do commissions. He once had someone ask for a Batman costume, and he had to reply "No, but I could make you a Bat guy costume." It's same way the characters that entertain at children's parties get away with using characters by calling them "mermaid princess" instead of Ariel, "sponge guy" instead of Spongebob, etc.
But really, I can't see anyone actually getting in trouble for walking around in cosplay, regardless of whether they commissioned it or not. No one can PROVE you didn't make it yourself. |
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Lemonchest
Posts: 1771 |
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Until they look at your twitter feed. |
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FenixFiesta
Posts: 2581 |
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I think the only thing that would be nagging is the "enforcement side" of things, certainly I could see BIG companies like Toei suing websites for off brand Kamen Rider/ Pretty Cure cosplay, but the moment you get the police locking up teenagers simply for wearing some "anime looking" school uniform during Halloween or convention then the shits gonna start hitting the fan.
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Tanteikingdomkey
 Posts: 2351 |
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I mean sure you could in theory enforce this at a ground level but it would be really really hard.
Really the only people you could actually enforce it on would be the people actually selling the cosplays online. and that would still take quite a lot of effort. |
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meiam
Posts: 3450 |
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I'm pretty sure the cosplay maker are fine so long as they stay small scale. Its not worth the bad publicity for the anime company to go after small fan.
But yeah if there's ever a big company that would start mass producing cosplay it would obviously be illegal and the right holder would be justified in stopping it or asking for a cut. |
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Ninjajake12
Posts: 118 |
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So it's still copyright if you make a cosplay outfit for a friend without charging them for it? But if you make it for yourself it's perfectly legal?
Lol. Sometimes I simply don't understand the way law works (which is why I'm not becoming a lawyer). Well, not like they'll be going out and suing every cosplayer walking the streets, so I think they're all relatively safe in doing so. |
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Darkmagick
 SubscriberPosts: 471 |
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I can't imagine any anime company in their right mind suing a cosplayer because they made a costume for a friend because said friend didn't have the time/skill to do so themselves. I mean, these are the people who buy their blu-rays.
Now I could totally see them going after a business selling cosplay outfits without paying a licensing fee...But just what is there to gain from pursuing some otaku - who probably doesn't have that much extra money in the first place - just because they made some clothing for a friend? |
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Isinfier
Posts: 52 |
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Given the high number of low-to-high quality companies that produce unlicensed (presumably) cosplay attire, I really doubt any of them are that invested in enforcing it.
It's the same in the West, mind you. Microsoft, Marvel, Activision, Disney other companies seem largely un-interested in enforcing their copyrights. Well, if you go by the unimpeded production and sale of costumes and props, that is. |
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overlordrae
 Posts: 92 |
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Sure, yeah, it's copyright infringement as cosplay by connecting it to an IP.
But if you use your own pattern and, in selling it, don't connect it to a property? Well, it gets a bit more vague. There's a reason why store-bought Zelda costumes are called things like Elf Warrior. I saw a costume clearly meant to be the Colossal Titan this year called Muscle Man. If you look at the Halloween costume patterns they sell at craft stores, there's even more. Leia is changed to "Space Princess", for instance. Jack Sparrow gets reduced to just 'Carribean Pirate'(and that costume was, ironically enough, more accurate to the movie than the officially licensed version). |
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Spotlesseden
Posts: 3514 Location: earth |
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If you don't make and sell those cosplay items, no company will care about it.
Disney and square Enix actually went after few big sellers and won I'm US. |
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John Thacker
Posts: 1009 |
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It is illegal, just like many doujinshi are illegal in Japan. However, TPP is still somewhat relevant, as copyright infringement is considered a shinkokuzai, and thus requires the consent of the victim for prosecution. Most companies see fandom activities like this as positive and don't sue, especially since they would be forced to publicly stand behind the prosecution if they do so. In extreme cases they do push for prosecution, but it's a case by case basis. TPP will cause Japan to shift copyright infringement into a crime that can be prosecuted by state prosecutors without a complaint by the infringed company. (There are often legitimate concerns that laws like this can end up discriminating against foreign companies; similar with Taiwanese (and 19th century US) requirements that copyrights be registered locally.) That could indeed in practice lead to a greater percentage of copyright cases being prosecuted than currently (especially since companies would be able to disclaim involvement.) OTOH, there's no guarantee that prosecutions would actually be heavily stepped up. There was a law passed in 2008 (the PRO-IP Act) that set up a "copyright czar" in the US and directed Department of Justice funds to suing on behalf of copyright holders for not just criminal cases but civil charges as well (which are traditionally brought by the aggrieved party). President George W. Bush threated a veto over the copyright czar, but ended up signing it after the opposition led Congress passed it overwhelmingly. I would not say that it has, so far, led to a massive increase in copyright cases, but I think that it has had an effect on the margins and people are right to be somewhat skeptical. |
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Kougeru
 Posts: 5600 |
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It's not really hard, actually. At least when it involves those big sites that sell cosplay |
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Actar
 Posts: 1074 Location: Singapore |
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So, do cosplay cafes have to pay licensing fees too? Let's say I set up a cafe with my collection of anime figures on display. Would I need to pay these companies too?
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Asterisk-CGY
 Posts: 398 |
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I really side on the part where people can have more fun, and letting people get costumes made, fitted to their bodies by people more willing to do things than some large publisher is net less fun.
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