Cosplay Skits: Copyright Materials

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Bigimotik Cosplay

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If you’re adding graphics, sound, music, or video elements to your cosplay skit, chances are you’re working with copyrighted materials. This guide covers what copyright is and how you can work with copyrighted materials in your skits.

Disclaimer
I am not a legal expert. This does not constitute as legal advice. As always, do your own research and seek legal counsel if necessary.

The Oxford Language Dictionary defines Copyright as:

The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.

Works under copyright must be licensed, otherwise the owner of the copyright can take penalizing action like take-down orders or issuing fines for improper use. Licenses are usually paid.

Sometimes a copyright owner may not require traditional licensing fees. For example, a work could be made royalty free, which means others can license or use the work without paying a fee. Or the copyright owner may require attribution, or public credit, in lieu of a royalty or license fee.

The copyright on works can expire, at which point the works move into the public domain. Works in the public domain do not need to be licensed.

Each country will have their own definitions of what materials are considered copyrighted, how they can be used, and what actions the owner can take.

For example, under USA copyright law, the creator of a work automatically owns the copyright without having to file anything. The USA also has fair use law, which allows for the use of copyrighted material in small quantities if it meets certain criteria, such as for criticism/commentary, reporting, academia, or parodies.

How does copyright affect cosplay skits?
Unless you are writing, producing, or creating your materials from scratch, then the assets you are using have a copyright that is owned by someone. If you use copyrighted materials with licensing or permission, there can be consequences for you or for the event at which you’re performing.
How do I know what’s allowed?
Ask the event coordinator what types of media are allowed. Keep in mind they are probably not legal experts, so get clarity on precisely what they mean if they reference copyright. For example, I ran into an event that said “no copyright material”, but actually also allowed royalty free, provided no attribution was required.
Is public domain always acceptable?
Works in the public domain are copyright-free, but derivative works may not be. For example, the original song ‘The Four Seasons’ by Vivaldi is in public domain, but a recording or a sheet music arrangement might not be depending on when the recording/sheet music were first released. Even if you record yourself playing the song, the sheet music might still be copyrighted.
If I do a parody, then am I covered under Fair Use?
Not necessarily. For example: instrumental or karaoke tracks for a parody song might be under copyright themselves. Additionally, if your version isn’t transformed enough from the original, it might not qualify under Fair Use either.

When working with AV elements, make sure to get appropriate licensing where needed:

  1. If you purchase a license for assets or use a library of assets, check the terms of use to see if the licensing includes live performance, streaming, and/or video on demand. Those scenarios may require separate or more expensive licenses.
  2. If the owner gives you permission to use their media royalty-free, confirm in writing how and what attribution needs to occur (e.g. credit in the video, link in the description, verbal attribute in the skit intro)