Terry McIntosh is like those WWE wrestlers who turn from Bad Guy into Good Guy. It takes a long time before the fans learn to love him, and some never will for all the stuff he did as a Bad Guy.
CBS/Paramount sues to stop Axanar
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Best analogy ever.
This could be a case of overthinking.
If in regards to general attendee's, thats nothing at all to do with the convention. And nothing to even consider legally. No promoters getting billed for what an attendee wears, especially as most wear either a licensed costume (Rubies, Anovos) or something home made - and there's a lot of freedom in regards to making something like a costume for personal, not commercial, use.
If in regards to actors dressing up as their on-screen counterpart for photoshoots and the likes (such as JG Hertzer in Martok garb) I doubt anyone would bat an eyelid at such an occurrence. It's becoming more popular as time goes on, but essentially the actors are playing dress up so that fans can 'meet' their favourite characters. That could be murky
Costume competitions wouldn't hit the radar either. With the rules involved it's a competition of how creative (well, not really - but thats another argument) a person is in making a costume, not "who does the best IP theft!" and aren't advertised, or contacted, with logo's or trademarks of any kind.
Well.... there is the Patreon crowd seeking regular funding in exchange for 'perks'. Some of whom get paid monthly via fans to dress up than I do to do a regular job. While I don't agree with the tactics nor the need for it, I think legally speaking they're free from harm as they're not advertising themselves as a specific character, or using a sole property to market themselves - thus becoming someone who makes or wears costumes, instead of a tribute/carbon copy of one particular person.
Considering your background and qualifications - you might (by might, I mean will
) know some more legal stuff in regards to that exchange. But there are a select few making significant sums of money.
There's been a lot of latitude in that area. I can't imagine someone effectively claiming to actually be Jeri Ryan and getting paid, etc. You'd have to be the Frank Abagnale of Star Trek.
But what if you made money in a 7 of 9 costume and saying that you were the character?
I think impersonators could claim parody, free speech, and even fair use a lot of the time. http://ripl.jmls.edu/2012/09/18/celebrity-impersonation-and-the-right-of-publicity/
This might even be part of the Axanar defense.
The distinction seems to be whether the speech is 'predominantly commercially exploitative'.
However, there is the question of trademark. Which I'm not sure if fair use applies. Those with law degrees could answer that, perhaps. @jespah?
One could argue that a person playing Ilsa, or whatever the Frozen character is called) at a Birthday party is transforming the character, but, that person is still banking on the trademark of the Disney character. That's why, at least here in LA, the people have a tendency to steer away of labeling themselves by a specific character name.
CBS/Paramount is going after Axanar for copyright--which they can choose who they do and don't go after. If it was about trademarks, then they'd have to go after everyone. (So, another argument that CSB/Paramount DOES respect fan films.)
I know a couple of lookalikes and people who get paid to turn up to events as certain characters - but I'm genuinely not sure where the law applies there for someone who, for example, puts on a Mickey Mouse costume for a kids party. Is that an infringement in itself, or just get wiped away as someone providing party services that just happens to have a costumed extra?
On the WWE/MacIntosh theme - there's a promotion here that books the Undertaker to do shows up and down the UK. Now, the Undertaker isn't coming to Caird Hall in Dundee. He's a millionaire contracted to WWE, why would he? But slap the word 'tribute' on the poster and all is well. Apparently.
.....why did I type that last paragraph imagining Alec Peters writing notes? "Erin, say it's a tribute!"
Same thought I had at my last post above, especially after you read the linked article.
You may find the Clayton Moore/Lone Ranger case instructive in this regard, both in terms of its legal impact and how it commercially affected the franchise (such as it was).
That's right, I forgot about that one.
Assholes. He was MY Lone Ranger.
Edited to add: Though: of course... he didn't OWN the character... so... Sigh.
As I kid... man, Clayton Moore WAS the Lone Ranger. But, to be clear, I saw it WELL after the original run. I aint ancient.
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Impersonators (James Cawley, too, I might add) seem to be in the realm of parody. However, that's not to say they aren't a cause for concern. But I think big IP holders aren't going to go after small potatoes Elsa's and Elvis's if they aren't making a lot of money. As with everything else, there's no value in going after someone with $63 in their bank account. Furthermore, there could be a huge PR hit if an IP holder did so. They would (most likely) just be interested in either people making serious cash and/or folks trying to build a future business based upon earnings from infringements. Sound familiar?
And Elvis impersonators seem to be a special case. I think the estate is more or less okay with it, since it's obvious there's no true brand confusion (unless someone records an album and then claims it's a 'lost classic'). Plus Elvis himself isn't really an IP. He may have been somewhat larger than life, but he wasn't conjured up by a writer or artist.
And Elvis impersonators seem to be a special case. I think the estate is more or less okay with it, since it's obvious there's no true brand confusion (unless someone records an album and then claims it's a 'lost classic'). Plus Elvis himself isn't really an IP. He may have been somewhat larger than life, but he wasn't conjured up by a writer or artist.
The article I referenced above discusses performers' rights to exploit their own image, which might be relevant. The article also draws the conclusion that licensing driven by the performer's demand could be a solution, with specific rights to a cut if they choose to invoke it.
First blog post is up for Semantic Shenanigans.
http://www.semanticshenanigans.com/semantic-shenanigans-1-origin-stories/
YouTube to follow; it's taking a l....o...n....g time to upload.
Thank you for your kind support.
http://www.semanticshenanigans.com/semantic-shenanigans-1-origin-stories/
YouTube to follow; it's taking a l....o...n....g time to upload.
Thank you for your kind support.
Just corn?
His music is.
How would professional cosplayers like Yaya Han and Riki LeCotey work out in all of this? Some of them have fans and followers, and seem to make pretty good money off of their cosplay. I watched a few episodes of Heroes of Cosplay, and it seemed like some of the cast members were being hired by the rights holders but I can't remember for sure.
Absolutely. But a guy in a sparkly white jumpsuit, with black hair ...?
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