Cosplaying copyrights?

[kelliver]

I've not seen anything like this in my searches, please forgive me if I've simply failed to search hard enough. Dx

I like to think that I'm pretty careful when it comes to avoiding copyright infringement, but I was wondering if any girls in Canada specifically know what the laws are in regards to portraying likenesses in videos and photos. I specifically want to sell roleplaying clips at some point portraying certain characters, but I was wondering if that would be allowed; I've seen clips that are sort of cosplaying, but not much more than just a wig and a mask, whereas I'd be doing the full shebang.

Any ideas? If it's totally fine than that's great, but before I get too invested I'd like to know if I have to settle for implying whom I'm cosplaying as. Cheers!

 

[Cereborn]

I have never heard of any kind of copyright infringement being brought up over cosplay. Considering we live in an age of professional cosplayers touring to different public events, I don't think you have anything to worry about.

 

[kelliver]

I know that at typical conventions it's fine, but my concern lies in whether or not an issue comes into play when I'm making a profit off of utilizing a likeness. Hopefully with the popularity and widespread nature of it it'll be fine? Thanks for your input!

 

[KayleePond]

Cereborn was speaking specifically about professional cosplayers, which does mean that they are getting paid, so I would imagine it wouldn't be much different for us! I cosplay ALL the time on camera and have cosplay videos and haven't had any problems yet. I'm not saying it isn't possible, but I think that it's very unlikely to be an issue.

 

[kelliver]

Ahh, sorry Cereborn - misunderstood there, then. That's good to know though, thanks guys! Does take a bit of worry off my mind, haha. I'll keep an eye out and follow up if I ever encounter any problems I suppose.

 

[Ann_Sulu]

Tempted to say something like "This webcam show was brought to you by Faye Valentine and Asuka Comics DX" next time I do that cosplay. :lol:

 

[HiGirlsRHot]

This is really an interesting question. Doing a google search, it appears the question is definitely unresolved for cosplay at fans at a convention. However, once you start making money I'd say the issue goes from grey to almost black. Youtube videos of cosplay have been removed for copyright infringement so there is no reason MGF or MFC videos would have a different fate. You are using someone else intellectual property to help you make money, without compensating them. I found this article to be pretty goodhttp://lawofthegame.com/analyzing-fandom-cosplay/
Especially considering the nature videos is likely to be a sexual one, you can easily imagine that Disney may not appreciate videos of one their Disney princess being DPed. My good friend spent many years defending his clients from Disney uber aggressive legal team. So I you do use Disney characters, stay well under their radar.

However there is is a work around parody. Hustler has been making porn parody of films for decades (e.g. This ain't Game of Thrones XXX). The exact ratio of parody to fucking is up for debate, but if you at least make an attempt to be satirical you claim fair use under the commentary and criticism doctrine.

 

[BiancaBaker]

If you look under the Cosplay Category on Clips4sale most every studio is fully dressed and in character so I dont see why you couldn't sell these types of video's? I understand its like music and I get why you would be nervous but I know a lot of girls who make cosplay videos and have never gotten in trouble. Clips4sale has some stupid rules (along with great ones) but if you can cosplay on there with full makeup/costume you could always just sell your clips there!

A few of my Fav Studios (if u wanna check them out)

Ludella Hahn
http://clips4sale.com/studio/36032/Cat1097-COSPLAY/Ludella-Hahn_s-Fetish-Adventures#startingpoint

Meana Wolf
http://clips4sale.com/studio/81629/Cat1097-COSPLAY/Meana-Wolf#startingpoint

Sexy Saffron
http://clips4sale.com/studio/74849/Cat1097-COSPLAY/Sexy-Saffron#startingpoint

 

[MFCGod]

Don't know if this will help

Not a legal source as such but just general advice

http://www.animenation.net/blog/2009/12 ... lay-legal/

Private individuals that sell home made cosplay items or costumes online or at anime conventions may validate their actions as selling original fan art, but at the same time those sales are technically a violation of copyrights.

I think technically since you're using their intellectual property and profiting from it, they would be within their rights to come after you.

You wouldn't see big movie studios stealing and using characters however they liked, and I think that would scale down to home made videos being sold.

That being said, you're probably more likely to get struck by lightning.

 

[kelliver]

I must admit, I chuckled a fair bit at the "more likely to get struck by lightning" part. I see Bianca's point, many other girls are doing this (and they're awfully good at it, I've certainly got my work cut out for me!) so I suppose that if they did decide to go after anyone, they'd have a lot of people to go after.

Thanks for your input, those articles you guys linked are very interesting. I'll definitely keep an eye out but it looks like I might be all right.

 

[Ann_Sulu]

I just have a feeling if it ever became a huge deal, then there would likely just be cammers cosplaying as off-brand characters so to speak. "Uh no! I'm not dressed as Wonder Woman! See my colors are reverse! I'm uh...Badass Babe!"

I think companies know this, and know that people cosplaying only tends to sell their product more. I figure if someone is profiting off of the cosplay, then it likely means they are popular in some way. Even if they aren't getting the profits, unless the cosplayer is giving out comics/movies/something related to it...it really would only promote the actual company or product in a good light. One thing I thought of was tv shows that have Halloween episodes. If the characters in Big Bang Theory dress up in cosplay, sure they're making money while doing it, but also they're making viewers think about looking into reading or watching something related to the character they're cosplaying. I don't know...those are my thoughts at least.

 

[HiGirlsRHot]

I just have a feeling if it ever became a huge deal, then there would likely just be cammers cosplaying as off-brand characters so to speak. "Uh no! I'm not dressed as Wonder Woman! See my colors are reverse! I'm uh...Badass Babe!"

I think companies know this, and know that people cosplaying only tends to sell their product more. I figure if someone is profiting off of the cosplay, then it likely means they are popular in some way. Even if they aren't getting the profits, unless the cosplayer is giving out comics/movies/something related to it...it really would only promote the actual company or product in a good light. One thing I thought of was tv shows that have Halloween episodes. If the characters in Big Bang Theory dress up in cosplay, sure they're making money while doing it, but also they're making viewers think about looking into reading or watching something related to the character they're cosplaying. I don't know...those are my thoughts at least.

Yes most (but by no means all) companies do view cosplaying (or fan fiction) in exactly this fashion. I suspect in most case the folks who hold the copyright for the costume do send a trademark or copyright infringement notice to the producers of a show like Big Bang in that situations. Unless they work for the same corporate parent, or they've obtained permission before hand, a good producer would have done that. I know that's what my company did when the Simpson used our logo, but it was a friendly letter. In the case of commercial Halloween costumes the companies selling the costumes have almost always obtained a license to use the costume.

As always regarding the law there are two separate issues could you be successfully sued? and are you likely to be? If you are making money the answer to the first question is probably yes. Sure its very unlikely that anybody will. But here is the important difference a devoted fans running around convention dressed up as character enhance a brand's value. A video of a girl in the costume fucking herself with a dildo doesn't. At least in the eyes of most marketing executives and their legal staffs.

 

[kelliver]

In this particular video I hadn't planned to be nude, so I might be able to get away with the prior method of advertising the character in a beneficial manner. Just to be on the safe side though, I might go with the suggestion of an "off-brand" character, or perhaps stick with a wig styled as the character but with different attire.

 

[Trollgent]

Yay I see a lot of arguments but for sake of sanity and a little clarity I propose people look at "Fair Use" as part of the United States Trademark Law. When used for parody or cultural awareness not attributed to directly making money it is permissible and easily sanctioned to allow the right to cosplay and not be hit by a issuance to cease and desist.

If you cam and claim you are doing a show and are under NO payroll or pay regiment of a site then tips or "online gratuity" will not be infringing of copyright law. Now if you sell videos for "mario porn party" with the expressed disclaimer that you are using it to garner monetary assets in return to direct usage of that trademark you are subject to copyright law.

So basically leave room of doubt because the burden of proof is not on the performer it is on the state.

 

[MsDonkey]

Yay I see a lot of arguments but for sake of sanity and a little clarity I propose people look at "Fair Use" as part of the United States Trademark Law. When used for parody or cultural awareness not attributed to directly making money it is permissible and easily sanctioned to allow the right to cosplay and not be hit by a issuance to cease and desist.

If you cam and claim you are doing a show and are under NO payroll or pay regiment of a site then tips or "online gratuity" will not be infringing of copyright law. Now if you sell videos for "mario porn party" with the expressed disclaimer that you are using it to garner monetary assets in return to direct usage of that trademark you are subject to copyright law.

So basically leave room of doubt because the burden of proof is not on the performer it is on the state.

Troll…except major porn studios make feature length videos SPECIFICALLY LISTED as "____ porn parody," and those videos are making lots of money. They specifically use the word parody in the title most of the time because "parody" is protected from Copyright Enforcement in the US under Fair Use laws. However since the original question was about Canadian law, i'm not sure if that applies.

 

[BritneySiren]

never heard of such a rule... I imagine that sites like cosplay deviants/pixel vixens would be in trouble otherwise.