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/cgl/ - Cosplay & EGL


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8007406 No.8007406 [Reply] [Original]

Recently, a bunch of people I normally cosplay with have been preaching that you HAVE to ask an artist's permission first before using an outfit from one of their pictures.

Is this an actual thing? I've been cosplaying for a couple years now and I've never heard of this "rule."

>> No.8007410

>>8007406
maybe its just polite
i dunno, its the fuckin internet, once you put it out there, you can't guarantee its """safety"""

>> No.8007413

As an artist, I don't give a shit if you ask me or not. It would be nice to know that someone's inspired by my artwork, but I wouldn't be offended if you didn't ask for my permission. Plus, it's not like the fanartist asked for permission from the source material so it's kind of hypocritical to demand cosplayers to ask for it.

...On the other hand, with people so sensitive these days, who knows?

>> No.8007415

As both an artist and a cosplayer, I don't give much of a shit.
If the design is something really out-there, just don't take credit for it (as the cosplayer).
If the design is something relatively basic, like a casual version of a character that a lot of people just happen to like, then don't be a pretentious dick about credit (as the artist).

>> No.8007663

>>8007413
>Plus, it's not like the fanartist asked for permission from the source material so it's kind of hypocritical to demand cosplayers to ask for it.

This was exactly what I said. Can you imagine the amount of emails to the Shingeki creator from people asking permission to cosplay Levi or Mikasa?

>> No.8007669

I don't think artists typically care too much, but I think it's both appreciated that they are accredited for the design as well as like to see their designs made in real life.

I know one girl does a ton of human transformers designs and she absolutely loves it and freaks out when someone does her design.

>> No.8007672

>>8007406
one of those snk cosplayer guys who did nude erwin got really buttblasted when someone didn't ask and his tumblr army started bullying the poor girl who had deleted it a lot sooner, but the photo had been reblogged so many times that it was impossible to delete all of them, so they attacked her every single time they saw it on their dash.

For that reason I don't give a flying fuck as long as you say where it's from (and even then it's more because of you and not me), it's a free country.

>> No.8007684

I once cosplayed a design from a well-known artist on deviantart, and just mentioned their name every time I'd post a picture, make sure there was a link to their page, etc. Like half a year later they found the pictures of the costume and they were actually really happy to see it, so.. yeah it's a compliment. Just don't take credit or say you designed it, basically what >>8007669 said

>> No.8007747
File: 310 KB, 400x566, tumblr_n5yszvxL8d1rnfjc5o1_400.png [View same] [iqdb] [saucenao] [google]
8007747

I think generally if it's some big name artist who it'd be hard to contact them. You're probably fine without asking. If it's a small time artist. Then it'd be kind of nice contacting them. Mostly because they'd probably like to know that people like their stuff enough to want to cosplay it. Most fan artist I see are usually pretty chill with people displaying their stuff.

>> No.8007750

>>8007747
Pardon. Cosplaying not displaying. That's a whole other story there.

>> No.8007754

Arabian Gou is close to canon at this point as to how many people who cosplay her.

>> No.8007756

Why not at least tell them? Chances are they'll be like "hey, look at thisbperson who cosplayed my fanart!" and then you suddenly have twice the attention.

>> No.8007760

>>8007406
I think credit is more the primary issue.

Because regardless of the character you're doing, if they're wearing something not from canon, then that belongs to the artist.

So if you cosplay from fanart and credit, then at least you're making an effort to share traffic.

Because whenever someone posts a cosplay on the internet, 99% of the time (disregarding posts by people wondering around with cameras who put everything on the internet and have no idea what it is most of the time) they'll put the name of the series and the name of the character, if not the author too.

So credit where credit is due.

With regards to asking permission, that's good manners. Because the artist might actually be really excited about it, or they might be indifferent, or they might really not want it. And you know, if someone says no to you using their intellectual property, then you should respect it.

It's the same if you feel inspired by the fanart and want to use the outfit or fanon/au situation. It's good manners.

Or when someone says they want to write a fanfic or a drabble based around your fanart.

It isn't obligatory and I think it all comes under parody and fair use anyway in terms of the law.

The key thing about the internet is traffic. If you like an artist, it stands to reason if you show one of their pieces and people like it, that they'll like the rest of the artist's work too. So do the fair thing and do everything you can to ensure they get the traffic (aka credit and link backs). That way the artist and new viewers benefit.

>> No.8007764

>>8007760
This, essentially.

There are also some artists who are also cosplayers and make their own AU designs for themseles or their friends; in such a situation it would be pretty rude to just take the design.

>> No.8007808

>>8007764
Then why put it on the internet if it's just for themselves/their friends?

>> No.8007813

>>8007808
Artists put their art in art galleries. Artists have worked for centuries to be recognized in galleries. Artists arrange viewings of their work in self set up galleries.

The internet created a free gallery with a huge footfall.

Putting something on the internet doesn't mean you've signed your rights to it away. Or that it's there for anyone to use it however they like.

You don't walk into the Louvre and walk out with the Mona Lisa because it's on display.

Simple lesson: Just because you can, doesn't mean you should.

>> No.8007826

I plan to cosplay some OC from pixiv and I'll likely link them my cosplay in the comments when it's up in addition to crediting the illustrator and linking the source. Since there's language barrier it's simpler to act first and ask for forgiveness later. It's not like you're making pornographic or hate crime tier shoots with it.

>> No.8007829

>>8007760
Oh yeah, I'm not trying to say that the artist doesn't even deserve credit and you should claim it as your own original creation or anything. That's some elementary school- level bullshit.

The people that introduced me to this idea made it sound like they could actually get in some kind of trouble, which I thought was some overdramatic legality of it or something. And that only made sense to me if you were selling prints of your photos without permission/credit to the artist.

>>8007672

But this situation's ridiculous to me. If the artist tried messaging them saying "Hey, could you credit me in these pictures?" and the girl ignored him, I could understand him being upset. But that's pretty immature to just flip out and bully one of your fans for something that could've been easily resolved. But then again, it's Tumblr...

>> No.8007842

>>8007672
>>8007829
This is a somewhat different situation to the topic at hand because it's actually going the other way.

The cosplayers in question cosplay Levi and Erwin and do photos ranging from in character to soft core porn.

The cosplay picture in question, if I remember rightly, had Erwin holding Levi in front of him with Levi's arms and legs wrapped around Erwin's neck and waist respectively.

An artist then used that photo as a reference to draw...I can't remember if it was Erwin Erin or Levi Erin....but it had Erin instead of someone.

As far as I know the artist didn't credit them as a reference and that was part of what they got angry about. But the cosplayers really pushed the point that they found it insulting that they'd take their cosplay photo designed to promote ErwinLevi and use it to promote a different ship. That was there biggest beef.

Personally I think that if something hasn't been put up as 'stock' or 'reference' then it's bad form to just copy. But at the same time, the artist hadn't traced, they'd drawn the pose from the angle in their own style, using the details from the photo since the uniforms were the same. I suppose the artist could have worked to use a different angle, or slightly different pose and just use what they'd seen as inspiration.

I think pushing the point about ship swapping was taking it a bit far.

>> No.8007848

>>8007842
seriously, they got upset and bullied a girl because it was a different ship? top kek that's so childish

>> No.8007884

I think it's really cool when cosplayers re-create popular fan arts. There's a lovely environment for collaboration there.

>> No.8007908

>>8007754
Haha, I'm actually working on a cosplay of that.
I'm not basing it off of a single artist design though, so I'm not really going to bother trying to credit anyone.

>> No.8008338

The artist who did the lingerie Sailor Moon (SoudWrong) asks that no one cosplays their work due to some judicial matters in China. So it's still a good measurement to check if the artist do allow it or not. SoundWrong has also stated that "Juridical matters aside, any cosplay of these doujin imgs are against my personal will."

>> No.8008350

>>8008338
SoudWrong*

>> No.8008358

>>8008338
> a good measurement to check if the artist do allow it or not
lol who cares, if you aren't selling pictures of it it's none of their business or do you need the company's approval to cosplay Batman?
How do judicial matters in China affect what some whore prances around in the US anyway?

>> No.8008371

>>8008358
It's some anti-porn internet law if I remember correctly. If discovered, the artist could face some serious punishment for it, since it'll be dubbed as "influencing minors." I'll have to look into the details again.

But, that's some serious disrespect if they clearly stated against it. DC has never said anything against cosplaying Batman while this artist has.

>> No.8008382

>>8007406
>you HAVE to ask an artist's permission first
Soo does that mean we should call up Disney, mangaka's, etc to get their permission?

Jeez man people should be happy to see their outfits being realized and not be spiteful that people are recreating them. I mean shit, ultimately it gets their artwork noticed more.

>> No.8008389

>>8008371
Unless she really is facing imprisonment for Americans running around half-naked in public she has no right to make these demands. Sure if you love her, you may respect it but I think some fanartists of all people really think a little too highly of themselves and what they can and should influence. If DC did ask people not to cosplay their characters (in their free time with no monetary compensation) you'd be down their throats about who the hell they think they are making demands like that. And you'd be right.

>> No.8008406

>>8007808
Probably because they wanted to show their cosplay plans/were excited about the design/likes to share what they do.

Honestly, just ask them, it's not that huge of a bother.

>> No.8008414

>>8008389
I believe she's asking it so that she doesn't risk having to face imprisonment, not that she is imprisoned right now. But yes, that is essentially what the issue is. Also, DC is a major company, small time artists - not so much. DC does not risk a lot for cosplayers to cosplay their characters.

>> No.8008421
File: 88 KB, 555x645, 1254456470201.jpg [View same] [iqdb] [saucenao] [google]
8008421

>>8008371
....
Jesus Christ could you imagine if companies DID license their characters like that?

WE'D ALL BE COSPLAYING OUR SHITTY OC'S.

NOTHING BUT DIFFERENT COLORED SONICS ANYWHERE.

>mfw

>> No.8008469
File: 415 KB, 2048x1365, 005FuHqngw1ehts69yqv4j31kw11xalb.jpg [View same] [iqdb] [saucenao] [google]
8008469

>>8008358
>>8008371
>>8008382
>>8008389
>>8008421

In order for fancy dress shops to hire out known characters from Star Wars, to Batman, to Shrek, to Disney, they need to pay a liscence fee. This is because they are earning money off of a recognized design.

With regards to regular cosplay, technically you are using someone's intellectual property without their permission. Regardless of how many people do it or how 'fun' it is or how much of a 'fan' you are, that is what you are doing. And this bullshit that people come out with about how they're promoting the work and blah blah blah...you're influence, as a cosplayer, is a drop in an ocean compared to the influence of the advertising budget that most of what you cosplay from has.

But for the most part, if it ever went to court, which it never will, cosplay could be put under parody, fair use and/or tribute. However the majority of cosplay (and yes taking commissions of non-OC designs is illegal) is non profit.

I think also by law cosplay prints are illegal.

However the majority of profits made by individuals is another drop in another ocean that it's a waste of resources for any big parent company license holder to bother pursuing. Because cosplay equals a happy fanbase and a happy fanbase buys DVDs, comics and merchandise or whatever.

When we talk about cosplaying from fan-art we mean one of a few things. One is taking a work an artist has made of the characters in canon or author-originating content/outfits/appearances/settings and re-creating it in cosplay.

Here we have OriSor cosplay (the Erwin and Levi mentioned earlier) and a piece by Starfighter author/webcomic artist HamletMachine.

I'm not entirely clear which came first but for the sake of example let's say OriSor re-created Hamlet's art.

This is harmless. And OriSor saying they got the idea from Hamlet and maybe Hamlet mentioning that OriSor have done said re-creation as credit and link-backs provides mutual traffic for both parties.

>> No.8008493

>>8008469
>implying anyone is going to read all that

>> No.8008494
File: 688 KB, 900x700, FreeExampleRG.jpg [View same] [iqdb] [saucenao] [google]
8008494

>>8008469
Then let's use another example mentioned in this thread. Arabian Gou. And I'll add Club Rin to the mix.

In the Free! Season 1 ending the 5 main boys appear in Arabian wear and the 4 Iwatobi boys appear in club wear.

I've seen multiple people make a club outfit for Rin that, as far as I'm aware (but I'm not a Free! aficionado so I'm not 100%), is based purely on fanart. Or an arabian inspired outfit for Gou.

Now regardless of the character wearing the outfit. The original outfit design belongs to the artist.

Just as Louis Vuitton shoe designs don't stop belonging to Louis Vuitton whether a catwalk model or stay at home mom is wearing them.

As such, since you can't purchase the product (like the shoes examples), it's good manners to ask the artists permission before otherwise representing their work.

I find the majority of people who are dismissive of intellectual property rights have never had their intellectual property stolen.

>> No.8008499

>>8008493
Why are you on a forum if you can't read anon?

>> No.8008504

>>8008499
There's a difference between reading back and forth things than entire essays.

It also starts super WELL ACTSHUALLY pretentious.

>> No.8008510
File: 134 KB, 900x598, arielle-wondercon-2014-Davan-Srey-Photography.jpg [View same] [iqdb] [saucenao] [google]
8008510

>>8008494
The last example (and I can't promise the pic is related...I just typed in Ariel Warrior and picked the nicest image on the first page of google) is if you've cobbled together a design by yourself based around a character you love.

Then you really only need to credit yourself.

Even if you've typed in Ariel Warrior on google or DA and looked at lots of different interpretations and cherry picked elements from each, so long as there's a notable measure of different between what you're doing and what you used as inspiration, it becomes your original work.

This sort of thing usually ends up on /cgl/. Usually steam punk or sailor or lolita or bunny or sexy or cross over versions of things.

>> No.8008515

>>8008494
>I find the majority of people who are dismissive of intellectual property rights have never had their intellectual property stolen.

I kind of agree with this. People act very entitled about art online, it's sort of depressing as an artist.

>> No.8008516

>>8008504
Facts =/= pretentious.

People call facts pretensions when they don't actually have a defense and start using derogatory terms to cloud said lack of defense.

But keep trying anon. You'll be reading small print in no time.

>> No.8008519

>>8008515
I'm getting really sick of when people steal my art/re-post it somewhere and I ask them privately to take it down, they then make this public boo-hoo me I'm so sorry apology and there's a bunch of comments from people telling them it's okay because the artist (me) must be an egotistical bitch.

/1st world artist problems/

>> No.8008525

>>8008516
I didn't say they weren't facts.

You can state facts all day.

It's when you take the fedora attitude when stating facts that people don't care.

No tell me I'm wrong, ask someone to tell you why the sky's blue.

Now put a fedora on them and draw a beard and ask them to tell you again.

Makes a difference, doesn't it?

Don't be a know-it-all smarmy bitch.

>> No.8008539

>>8008469
Basically cosplaying a character and cosplaying an outfit are two separate things. An artist can't (and has no right to) tell you not to cosplay a certain character, but they can ask you not to use their original outfit design.

>> No.8008543

>>8008525
It your choice whether you care or not anon.

Also calling me a 'know-it-all smarmy bitch.' is a little late to the party after you were dismissive.

If you don't care, don't post. Simple.

>> No.8008546

>>8008499
I don't get where this attitude comes from.

Like it it was a massive paragraph I'd totally get it, that's hard to read even on a desk top screen. But how is multiple lines in one dark blue box any different from multiple lines in several dark blue boxes?

Isn't the whole tl:dr thing just being lazy?

And tl;dr is the most irony acronym on the internet.

>> No.8008548

>>8008519
I had a girl who reposted art that specifically said "please do not repost" on it. I messaged her privately because she's only 14, she was like "oh my goodness sorry what was the picture?". I sent her a link, the picture is still up on her blog like two or so months later. Someone did the same thing on instagram.
Was the person young at least? They tend to be the ones who are the least aware that they're disrespecting an actual person.

>> No.8008557

>>8008548
They are usually young, and I just message them linking back to my piece saying how it's mine and can they take it down please?

Motives are so hit and miss it doesn't seem sensible to come down hammer and tongs right off the bat.

I don't like when artists make journal posts naming and shaming people and say things like 'now I'm not telling anyone to do anything about it ofc'....because what else are they gunna do?

>> No.8008569

>>8008557
Yea, I had an anonymous message about the girl, I just posted asking them to send me her tumblr. Others messaged asking for her username as if they wanted to send her shit for me, which seemed unnecessary.

Shaming someone for it is more likely going to get them to resent artists and repost more. Can you report the post to tumblr if all else fails? I've never tried.

>> No.8008582

>>8008469
Wearing a costume as a private person, not for a business is not using anyone's property without permission. Please shut the fuck up about things you don't understand.

>> No.8008586

>>8008469
Also if this thing is causing all of the drama, that's not even used as reference. Pretty much all of the anatomy and even some of the pose is different.

>> No.8008593

>>8008582
>>8008586
I think it's more a question of artists creating their own AU outfits for the characters (like mookie did with bunnystuck) so that they can cosplay with friends (like what >>8008539 said). I know there was a bunch of drama around mookie's shit a while ago.

>> No.8008599

>>8008586
No this isn't the one that caused the drama.

I think I know the one they meant, but I think Erwin and Levi were in urban/skater clothes? I tried googling it but no luck.

>> No.8008605

>>8008582

Forgot to finish my point

>But for the most part, if it ever went to court, which it never will, cosplay could be put under parody, fair use and/or tribute. However the majority of cosplay (and yes taking commissions of non-OC designs is illegal) is non profit.

so it's not theft/use without permission.

>> No.8008610

>>8008569
I don't know if you can report tumblr posts.

I've resorting to linking to and from my own tumblr and putting my URL as a watermark in the corner on all artwork now and slowly working through old pieces.

I put up a post about re-blogging rather than re-posting and I actually had some people message me to say they'd taken down their posts and reblogged my original one, which was really nice of them.

At the end of the day, there is only so much we can do as artists and we should endeavor to take those steps (watermarks etc) where we can as well as working to promote the important of credit and traffic on the internet.

>> No.8008619

>>8008610
I put my username very close to the actual art somewhere on all of my drawings. I've had people crop/edit it out before. At this point I've given up.

>> No.8008622

>>8008619
I hate when they do that. Or blur it out and put there's on top. It's so frustrating and so demoralizing. I have a friend who doesn't post her art online anymore cause she got so frustrated with it being stolen that she felt it wasn't worth the effort to post anymore. She still draws and enjoys drawing but it's still a shame to me.

>> No.8008679

>>8007842
>they found it insulting that they'd take their cosplay photo designed to promote ErwinLevi and use it to promote a different ship.

I wish I could be surprised that there are people this retarded and petty out there, but sadly I'm not.

>> No.8008707

>>8007406
No, thats retarded

>> No.8008798
File: 245 KB, 900x827, 1417660576147.png [View same] [iqdb] [saucenao] [google]
8008798

>>8008371
Then why bother posting it online if there's a chance she could get in actual legal trouble? This means that if photographs of a couple girls in outfits somehow became popular enough that the Chinese government would see it, find out the cosplayers' personal information, somehow find and trace their inspiration back to the fan artist just so they could go through the trouble of putting her in prison. If she's really that worried, why didn't she release the art under a pseudonym? Sorry if I seem like a dick about it, but that's just really questionable and just a little too farfetched to believe. Because why not go the extra mile and blame Naoko Takeuchi for "corrupting" the fan artist by creating characters that technically get naked every episode?

>>8008494
>As such, since you can't purchase the product (like the shoes examples), it's good manners to ask the artists permission before otherwise representing their work.

Sure, I can see this being a weird grey area since I honestly have no idea how the fashion industry works. But there are plenty of resolutions to these problems without having to throw an immature tantrum like the scenarios I've been reading. If these people aren't mass producing and selling something based on your original design, and you haven't actually copyrighted the design within 3 months of publicizing it, then that risk of someone recreating it for private use solely falls on you.

>I find the majority of people who are dismissive of intellectual property rights have never had their intellectual property stolen.

I completely understand how bullshit it is to be a small time artist getting your work stolen by someone cropping out the url/watermark and getting all the recognition and praise for it. But in regards to recreating a physical "replica" from an artwork based on someone else's artwork, I see that as a little different, and something that could be resolved easily as long as both parties are logical about it.

>> No.8008810

Do you ask the mangaka or anime company if you can cosplay from it? No.

>> No.8008906

>>8008810
If someone asks you what you're cosplaying from, what do you tell them?
The name of the series.

If you're doing some fan-design that you didn't design yourself, give credit to the artist. Asking permission might be difficult, but don't take credit for something if you're not responsible for it.

>> No.8008932

>>8008798
Agreed, I think a lot of fuss gets made over a matter that's easily solved by communication on both sides and mutual respect.

>> No.8008940

I see a lot of people posting this view >>8008810

>Do you ask the mangaka or anime company if you can cosplay from it? No.

To put this into another official work/fan work context, there are book series and authors who have stated they do not allow fanfiction of their work or in their worlds.

Such than fanfiction.net, for example, will not allow categories to be created for said works.

I used to know some examples back in the day when I wrote YA fanfics but I'm out of the circles now and don't remember.

With anything that's been officially published, advertised, marketed etc things like cosplay can only expand the fandom.

But with small time self published (either traditionally or digitally) work then the safety net of exposure from the parent company doesn't exist. As such they rely on word or mouth and advertising they pay for themselves. When people take that work and don't credit, link back, ask permission, establish a connection, then the source material gets lost and everyone loses.

>> No.8008945

>>8008679
The Erwin cosplayer is also a massive egomaniac
Like I'm talking posting .gifs of himself all over the page

>> No.8008957

>>8008798
Copyright is an automatic right, you don't have to register for it to have it. Proving original ideas can be tough but artists usually have sketches, original files, various ways.

I think you're confusing copyright and patents.

With regards to the third point, I give you a literary example.

Take a published book. Aside from the obvious scanning, typing it up, recovering and redistributing you're also not allowed to vocally copy, like make an audio adaption.

Now replace the book with a manga or comic or other cosplay reference. And the cosplay represents the audio adaption. Unless the design is recognizably different, it doesn't matter if it's a 2D drawing, 3D sculpture, virtual render or textile reproduction. It all comes under copyright and as the artist/original designer you automatically have the rights to it and no one can re-create it without your express permission.

Well..they can...it's just not legal.

But I can break into someone's house and take their stuff. That doesn't mean I should.

>> No.8009228
File: 563 KB, 504x1200, 30019191232.jpg [View same] [iqdb] [saucenao] [google]
8009228

>>8008957
You're right, I'm pretty sure I'm confusing patents and copyrights.

>Now replace the book with a manga or comic or other cosplay reference. And the cosplay represents the audio adaption.

But that's my point. In this situation, the published book is the original copyrighted product, while the audio adaptation should represent the fanart. And the cosplay of that fanart should represent someone doing a parody re- enactment of the audio adaptation to their friends at a party.

So, this picture would be entitled to a shitstorm? Because Japan straight up has shops specifically for doujinshi, and people can sell their doujinshi at cons with no repercussions. I completely understand someone finding an OC online, cosplaying it and claiming it as their own to be an actual problem. It's just common courtesy. But I really don't think cosplaying fanart based on a Japanese anime/manga/game would be the equivalent of fucking breaking into someone's house and stealing their valuable possessions.

>> No.8009239

>>8009228
*common courtesy to give the original artist credit and recommend them to anyone interested.

>> No.8009263

>>8009228

>referencing Japanese doujins

Just a quick fyi, most of the Japanese companies look the other way when fanart is produced, because (a)there's no gain for the legal costs expanded, (b)the fanart comes from a fan who is likely to spend money on the main franchise anyway, while (c) helping to spread the popularity of the main franchise with their own effort. In the same way Hasbro looks the other way when there is a lot of artists making MLP comics.

So using the Japanese doujin industry as an example of legality of fanart is pretty much moot.

>> No.8009443

>>8008940
anne rice's works are the only example i can think of atm

>> No.8009935

>>8009228
This is parody.

But if the artist had drawn Makona in a pink kimono of their own design and Homura in a sailor uniform of their own design (just for example), then they would own the rights to /those/ outfits.

It's like how when artists use screen caped backgrounds for their works on DA and their work gets taken down because the liscence owner of the origin of the background claimed rights. They're not claiming to own the whole artwork, they're claiming part of it.

>> No.8009946

>>8009935
Those rights don't apply to your private entertainment. You couldn't fabricate those clothes and sell them without consent but you certainly produce and wear them as a private person. You can also produce knockoffs of designer clothing for example and wear it in public. Just don't fucking sell them.

>> No.8009986

Actually it does apply.

Unfortunately this reaches a cross over between the laws of plagiarism, copyright infringement and replica.

Although with replica's are more associated with re-creating something of a brand in a non-brand affiliated way. And doesn't really apply to taking a drawing/render/other artwork and turning it into a 3D/textile/wearable piece.

Again this is a case of 'you can' not that 'you should'.

Unfortunately this is such a niche problem that I'm not sure where to look for the applicable laws.

>> No.8009988
File: 58 KB, 700x649, 1410057845646.png [View same] [iqdb] [saucenao] [google]
8009988

Actually, it's not like the original artist can stop you. See pic related.

>> No.8009995

>>8009986
http://bucks.blogs.nytimes.com/2010/10/28/the-legality-of-buying-knockoffs/?_r=0
Buying knockoffs isn't illegal, selling is. Creating them for personal use isn't discussed as far as I can see because most people only consume but I can't see why that would be different from buying.

>> No.8009998

>>8009988
No one can necessarily stop me from breaking into and hot wiring a car.

They can find out I've done it.

And then can attempt to find me and the car.

And they can attempt to and/or succeed in prosecuting me.

...that doesn't mean I shouldn't have asked permission of the owner to borrow/bought the car in the first place.

Crime happens because it can't always be stopped in the action or before it.

It's true that the law hasn't caught up with digital art yet, but it is becoming more aware by and by.

Whether that means you want to take advantage of the system and abuse it....well that's your choice.

We can debate all the ways you can get away with it.

That doesn't make it morally right. That doesn't make it legally right.

From a small time artist to a conglomerate, they can't necessarily stop you. But they can come after you.

Whether they will, who knows. Disney sends out cease and desist letters to Party Princesses. Hasbro sends out c and ds to MLP fanimators.

Whether it's worth it to them? Well that's up to them.

But we can debate our own thoughts should the situation be presented to us.

>> No.8010003

>>8009995
But that article distinguishes between counterfeit and knock off.

If you're cosplaying from someone's artwork and copying it to the letter, then it's closer to counterfeit (which is illegal) as opposed to knock off.

If, as discussed here >>8008494 you're 'inspired by' and or changing the design, then it can be classified as parody/knock off/tribute etc and becomes legalised.

You get penalized for possession, regardless of secondary distribution charges. This is why (when they're found) counterfeit, fraudulent or knock off goods are ceased by customs and buyers charged damages. (You can appeal this if it happens to you, but we're drifting somewhat out of topic).

>> No.8010008

So basically, in terms of the law, it's a mud bath.

Basic rule of thumb, it's good manners to ask permission before using someone else's stuff.

However, most people run with 'it's better to beg forgiveness than ask permission'. Questionable morals are questionable.

If owner of work says 'no', respect the no and find something else to do. Design your own thing. Get creative. Use your little grey cells.

If anyone involves starts slinging shit and getting all whiny and pulling emotional bullshit...well then that's just bad form. No one wants to see that. Be a grown up. Accept responsibility. And do the thing.

>> No.8010016

>>8010003
Counterfeit or not has to do with the logo as far as I know not how closely you copy some sailor moon fanart underwear. Can you find any source on owning either knockoff or counterfeit being illegal? Customs take your shit to prevent the introduction of the illegally sold products. They don't sue you. Police won't stop you from running around in knockoffs. The deal, the money made by people who didn't invent the design is the issue. Not some imaginary rights of total control you have because you drew something first.

>> No.8010031

>>8010016
It's more about the closest parallel.

There really isn't a precedent for taking artwork that isn't yours and that you don't have permission to use and turning it into a wearable piece.

The question of 'private' versus 'public' use is also brought into question with cosplay. Running around a convention in your cosplay/clothes you might be able to argue is still private use, since you're not selling it.

But then taking photos of that costume and putting those on the internet...that becomes distribution. Even if it's for free. In the same way that paid entry museums and exhibitions don't allow photos of the show because they end up online and distributed for free and it infringes on their exclusive distribution rights.

The closest fashion parallel to art->cosplay would be using portfolio work and concept designs. Where, I think, there's new legislation that says designers have exclusivity of their work 3 years from when it first enters the public domain.

>> No.8010068

>>8008798
Considering fujoshi writers in China were unfairly targeted for some idiotic internet "cleanup" act pretty recently, it's no wonder this artist is afraid of getting caught as well for a similar dumb reason. And, like most fandom creators, it probably already is under a pseudonym -- but again, China, big brother, etc, etc.

>> No.8010283

Generally I think it's okay but it differs from artist to artist. Most would be happy to see you cosplay something they created (keeping in mind you're not profiting from the design)

Some can be sensitive since they prefer to know what's happening with their art (or maybe not too confident in their own drawings)

Then again most people will argue that if it's on the internet it's up for grabs kinda thing

>> No.8010328

>>8007756
Because then you have a responsibility to finish the cosplay. I don't know, I think it's odd to tell someone you MIGHT cosplay their design.

>> No.8010726

>>8010328
I've gotten people messaging me that they'll cosplay my designs before (usually gijinkas), probably only like a couple actually have done so, so I don't think it's that odd. But I'm sure artists would understand that sometimes plans just fall through.

>> No.8010780

>>8010726
I get people messaging me asking if they can use my art to make bases. But never cosplays.

>> No.8012209

>>8008469
>>8008599
>>8008679
>>8008945
Not saying that he was completely in the right to be so upset but the original photo wasn't cosplay.
http://ultimate-me.tumblr.com/post/90545051707/listen-up-ereri-shippers

>> No.8012391
File: 107 KB, 500x500, trace.jpg [View same] [iqdb] [saucenao] [google]
8012391

>>8012209
Also calling trace. Or as good as.

I think getting pissy about a photo being used as reference and bitching about the ship is just showing off.

But it's bad form on the part of the artist to change nothing but a hair cut and trace.

That's not using a reference, that's exploitation.

>> No.8016478

>>8009443
There's no category for A Song of Ice and Fire in the books category (George R R Martin is anti-fanfiction) but there's a category for Game of Thrones in the TV section

>> No.8016533

>>8008499
4c IS an image board not a forum, you know.