united-states copyright licensing
Are images of people cosplaying copyright-protected characters an infringement?
<p>There are no legal cases regarding infringement on images of people cosplaying characters as far as I know. Is this an copyright infringement if the image is used commercially?</p>

<p>The Batman costume design is protected by copyright. There is the potential for infringement to be found in the US since clothing can be more than just a &quot;useful article&quot; (<a href="https://www.supremecourt.gov/opinions/16pdf/15-866_0971.pdf" rel="nofollow noreferrer">Star Athletica, LLC v. Varsity Brands, Inc</a>). Let us suppose that artistic design element of a particular costume is licensed, then it is legal to produce the costume. US copyright law, per the first sale doctrine, would let you wear the items which contains a protected element. It does not matter if you as costume-wearer wear it in public, for free or for money (it can matter to the costume-maker who does not have a license).</p>
<p>In Japan, <a href="https://www.klemchuk.com/ideate/cosplay-in-japan-faces-new-copyright-law" rel="nofollow noreferrer">there is the possibility</a> that copyright law will be or has been modified to extend copyright protection to the commercial wearing of costumes, so jurisdiction may matter. Finding an authoritative answer to that question is way above my pay grade.</p>
