The Legal Copyright Issues regarding Cosplay Costumes

Abstract

The act of cosplay as a well-liked cartoon or fictional character represents an exercise in the freedom of sartorial expression, where individuals have the freedom to dress however they please. Yet, in particular circumstances, cosplay may infringe upon the copyright owner’s rights of the cartoons or characters. If a cosplayer wears a costume as cartoons and fictional characters with the intention of gaining commercial benefit or personal profit, disputes or accusations of copyright infringement may arise against that cosplayer. On the other hand, if a cosplayer has no intention of earning any profit, it may be unjust to prohibit individuals who admire and desire to dress as their favorite cartoons or fictional characters through cosplay. According to the Copyright Act B.E. 2537 (1994), the exception of copyright act in cosplay is explicitly unspecified. Consequently, this could lead to difficulties in legal interpretation. Thus, in regard to the act of imitating the appearance of cartoons or fictional characters with non-profit purposes, exceptions should be established to prevent this from being considered as copyright infringement. In addition, laws should be enacted to enable copyright owners to claim royalties from individuals who profit form cosplaying copyrighted cartoons and fictional characters, in order to ensure fairness for both holders of copyright and individuals who engage in recreational cosplaying. All in all, these could reduce potential disputes that may occur in the future.