Props, Costumes, Copyright, and Risk - Making a Living in the Cosplay Scene
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- čas přidán 18. 10. 2017
- I am not a lawyer. Nothing in this video should be considered legal advice. If you have legal questions, especially about how you run your business, please consult a law professional.
One of the questions Bill frequently gets is how to make a living selling props and costumes when you don't have a license or the copyright to the properties those items are based on.
Trademark, Patent, Copyright
www.uspto.gov/trademarks-gett...
Costume Appearance Lawsuit Example
epicstream.com/news/Disney-Sue...
More on Copyright
www.copyright.gov/circs/circ0...
C&D (Cease and Desist)
en.wikipedia.org/wiki/Cease_a...
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#PunishedProps - Jak na to + styl
LEGIT fantastic info, and thank you for mentioning 3d files and 3d prints. Disney C&D'd my Darth Vader Red Bull Koozie on Thingiverse, so I know all about the Mouse Muscle.
Do NOT upset the mouse!
Or as Ryan Zanfei of Tasty Peach Studios once said to me at a panel I attended at MatsuriCon this year: “Stay away from Disney... the mouse will eat you”
All hail our mouse overlord
Not surprising to see that House of Mouse hasn't lost it's faux niceness just like old (allegedly) racist, sexist Uncle Walt.
Solid advice for all creative business people!
Truth!
I love you
As a channel
You must follow the trump business model?
hi robin
Thanks so much for the info Bill!! Super good timing too bc we are in the process of getting into props and costumes and had worries about this exact thing 😁
For sure you guys! Happy to help out. =D
@@punishedprops They blew up
Grateful for this post. My son, age 16, and on the Autistic Spectrum, is just getting involved in cosplay. We've watched a lot of prop tutorials and really like your format. My son loves crafting these things and frankly, he's good at it. I can see him maybe earning a little on etsy and finding a job can be hard on the spectrum so this would be great. With a couple of other makers I've had him write and ask if he can sell props he makes with their patterns. I think learning not to step on toes right from the beginning is super important. Some people will say no; that's inevitable. But many will say "sure, no problem." And frankly, those are the makers we want to support anyway. Thanks for sharing!
Happy to help out. =D
Thanks for making this, all of this info is super important and helpful!
You're welcome Jake!
Jake! I watch your channel, you’re awesome!
This was crazy perfect timing!! I was just asking myself this question and reached out to a copyright/trademark lawyer today to try and get feedback and then hopped onto youtube and your video was on my feed! Thank you for your experience and sharing your thoughts!! I will definitely still consult a law professional as you said but this was a overview with some fantastic points! Thank you! You ROCK!!!!
Excellent idea reaching out to a lawyer. =D
Cosplay Apprentice This is making me excited for your future
honestly, i think the safest bet is simply doing one-off commissioned pieces, and keeping all templates/molds if need be. i'm more on the sewing side of cosplaying, at least when it comes to what i'm likely to sell, so if i were to take an order for a Link costume, draft the patterns, etc then that's a one off. if someone else sees that costume and says "hey i want one too!" then it's easy to simply make another one without it being a mass production line. every item is made to order. that way you're also not getting bogged down in unsold matterial cost. back when it first aired, i made about a dozen attack on titan uniforms. sunk a lot of money into the fabrics, and sold 2 jackets and 4 capes. so those other coats just ended up being given away because no one would buy them. doing everything on a made to order basis, with examples of your previous work, is simply safer. that's how most chinese costume shops operate and use the "one off commission" thing as their work around.
I'm planning to follow exactly this model. Doing pieces by demand, without a mass production and varying on the theme. I hope it works well.
how do places like rpc studio work? they are super open about not having the rights to marvel stuff but they make a fortune and its a well known big store
As long as it's an original design, you can sell several of them like a hybrid of two separate themes or characters IMO.
As a maker and business owner I really respect you guys for putting this out there. You are pillars in the community and your wisdom is valuable for makers. Many thanks for all you do.
Vids like this is another reason why I love your channel. Great advice and a great topic to get out there.
Happy to help out.
Solid advice and another reason you guys are successful where others have fallen away. Integrity and decency... and just being nice... they really go a long way. Kudos to you guys.
I once got a C&D letter from a company for selling something that was listed in the description as "Not a XXXX" they didnt like that their product was mentioned. It was weird, the form letter they sent was super harsh and legal, i just emailed them back very politely and asked what I could do to make them happy. The response i received was certainly written by a human and not a lawyer, so after a couple email exchanges it all worked out, I got to keep my listing just had to change the wording around a bit. But even still it was a big company and they just went looking for anything with their name in it, even if it was used in comparison to their product.
That's a great example. It pays to be polite. =)
"Not a xxxx" is tag spamming. Legally and morally scummy.
I was selling a vintage knock off, I didnt want buyers to think they were buying an original, sure it was old but it was an old fake. I was up front, i dont see that as being scummy.
Same goes for vinyl cutting decals. When I first started making decals I decided up front to purchase several "TM" logos via cds. It served me well with lots of sports orientated cut that I did though it did cost in the beginning. Great info video.
God I love this video. Something I've thought about for a long time. Well done man. Awesome.
Thanks so much! =D
You're awesome. Such great advice. Wishing you the best. You're videos have been incredibly inspirational!
I have never seen anyone in the fan based community of props, toys, and collectibles take as much, if not MORE, time to contribute back to the community as much as they do worry about making money. Your talents are most impressive, but man, I agree with another comment I see below, your heart of gold is what makes you the man you are. That truly "giving" mentality you have is really going to fuel taking "Punished Props" to the next level I think. I would love to some day work with/for a company with a person such as yourself at the helm.
Awe, thanks! Just doing my part to make the world a tiny bit better. =)
Very good information! Just recently I was wondering how these type of things were viewed from a legal sense. As usual, your video was most informative. Keep up the great work!
Well said Bill, this helped clear up a lot of things I was unsure about, MORE LIKE THIS PLEASE !!!!!
Sound advice Bill, most people don't understand that like with anything, if its worth doing and you have a passion for it, and wish to make a business modeled around that passion. You are absolutely running a risk and should have if not before weighed the level of that risk. I truly appreciate the content you put out there and can't wait to see you start delving more into your own creative properties.
I was reading your comments and saw you pretty much reply to Everyone! Wow, I already loved your videos and channel (it's what I watch sometimes when working in my shop on props) but as a content creator on CZcams I respect your dedication to your fanbase so much more. A lot of CZcamsrs just splash vids, and tell people to like, comment, then never read or reply to them. Keep up the Amazing work!!!👍🏻
The comments on our videos have been incredibly helpful and valuable. The least I can do is try to get back to as many fantastic people as possible. =)
Hey! New here and hooked to the channel :) Just thought I'd say thank you, for your quirky humor and your total professionalism. From my point ov view, and probably for a lot of cosplayers, you guys are living the dream (!!!) . I love how you managed to both inform and put things into perspective here. Would totally love to see your designs!
Really admire how much of a straight shooter you are, you set a great example for the rest of us.
Awe, thanks! =)
Thanks for this video, there is a lot of good things to think about in it! I've been watching you for a while and it's been awesome and inspiring to see your business grow, it's been inspiring for my own journey. I am lucky that my husband actually just graduated law school, focusing on IP law. It's good to have a lawyer on retainer haha
Well isn't that handy!? =D
As always informative, thank you for placing your support in the community.
You are most welcome.
As Someone who has wanted to get into prop building for a long time this is extremely helpful to know and I appreciate your time putting this out. As you said I know you're not a law person but still having a maker as established as yourself talking about these types of things it's very informative.
Happy to help out. =)
Thanks Bill. Great food for thought for all of us wanting to take our crafting further.
I am sure I speak for all of us that we would love to see your own custom creations!
👍 if you agree!
Can I give this multiple thumbs up? Excellent advise Bill... thank you!
You're welcome!
Great talk Bill, I've always wondered about this kinda grey area in prop making.
This was a good video, had lots of info and made a valid point. Keep up they great work Bill.
I''d love to see more cosplay business advice! This was great.
Everything we've covered on the subject is here: punishedprops.com/business-talk/
im currently doing a research about cosplay business, im glad to find this video.
great video as always! thank you for sharing your knowledge.
Amazing video Bill ! It's great that you cover the legal issues of Prop making , it's something people forget way too often , it was very instructive !
Thanks!
Great work! I like this final draft from the rough. Very much needed insight
The help I got from the PropTarts was invaluable. =D
Thank so much for making this video!!! I am prop maker and I want to start selling some things was wondering this very same thing!! Great video, thank you for helping us aspiring makers and the community as a whole, you're amazing!! 😃🙌🏼
Lots to think about. Excellent video. I do certain "space conflict" uniforms, and I've been wondering about diversifying.
Great vid...honest, informative, and to the point!
That was a very solid review of business strategy options. I am impressed and I have done this for a long time.
Well thanks! =D
What a great video, Bill !
Great vid! Definitely something people need to watch out for.
I found this video very helpful. Thank you!
Thanks for the general information, it is good to keep it all in mind.
+Dawid Scheffler You’re welcome.
Just found this video and I'm so glad I did. I'm just getting into the maker hobby with aspirations of making it into a dream job. I found this video extremely insightful and full of positive reinforcement.
That's great to hear! It can be hard to balance for sure.
This really helps a lot! Keep up with the great content! Thank you
You're welcome!
This is a great video and jogs my memory of writing how-to books on making chainmail a long time ago . . . in one of those books I was using images from the internet, chopping them up but still they weren't mine and I was feeling uncomfortable about doing this . . .so great ideas, thanks
As always just perfect.
Amazing video with lots of great info. I do a scale plastic model videos on CZcams when I was for some time using copyright music. When CZcams allowed me to start making money I went back and cut out all that music and then paid for my very own music.. this gave me 100% ownership of my content but also supported another maker at the same time. I also only build model kits that are legit licensed products. Great video and keep em coming
Great video, sound business philosophy, excellent advice.
Great Overview and thanks for sharing your opinion.
Tons of great advice here. Thanks Bill!
You're very welcome, glad to be of help!
Good Info Bill, will there be a follow up build video where you make an IP Lawyer costume?
HA! No. =)
It's 'Cease & Desist Man!' Walks around in a business suit with a cape handing out C&D letters at DragonCon.
...or how to make your own lawyer out of floor mats.
Do the lawyer from Speed Racer, "That'sh for a court to deshide."
Just do like LegalEagle and buy a suit from Indochino :-)
Very informative for anyone thinking about starting up. Thanks
Thanks so much for watching!
Wonderful Video. Love this kind of content. Thanks Bill
You're welcome!
I create crochet patterns and I run into these same issues. Some people are selling obviously copyrighted/licensed work for money. I thought about doing it because it's easy to be inspired by what you love, but it's not legal, so if I do a project out of love, I just put it for free. This way, basically 0 risk for me as a C&D would only make me take it down, not lose my market.
Great video! Can't wait for the next one!
You've got the right idea! =)
You rock! Thank you so much for an insight into creators businesses do and do not's, as a hobbyist I never thought a bought copyrights...
Thanks, and you're very welcome!
Thank you for confirming my understanding of the risks man!
You're welcome. =D
Thanks Bill. Much appreciated
You're welcome!
Great idea for a video. Thanks.
You're welcome!
Question I’ve been wondering for a while🤔
Great video Bill very informative 👍
Thanks!
Solid, honest advice. Thank you!
You are most welcome.
Good message and we'll spoken.
Thank you for the video ! very helpful and well put!
You're very welcome, happy to be of assistance!
Great information. Thanks man.
Thanks Bill for sharing lots of good info
You're welcome!
Awesome advice thanks!
Thanks for the info Bill. Makes me feel better doing one off projects and low volume 3D prints for friends.
You're welcome!
Thanks for the insight Bill!
You're welcome!
Thank you for the advice man, wisdom worth heeding!
You're very welcome!
This was really informative! Thank you as well for making the free files.
You're welcome!
Thanks that is just perfect timing I was setting up a small business plan to sell small props on Etsy and this is showing what I could do. Luckily my mom is a lawyer so I can talk to her about this stuff.
fantastic video. 100% on point!
Thanks!
That was really interesting and thank you for your insights.
You're welcome.
Really great video, very informative!
Thanks!
Thank you for making this! great info :)
You're welcome!
Thanks! great video, its like you said, depends on the risk someone wants to take. and te final statement, was great. greetings from argentina!
Informative video, thanks for sharing your thoughts on this topic. There seems to be a grey area between blatant copying for a quick profit and spending countless hours creating a one off inspired by someone else's work.
Good vid with sound advice!
Really good advice!!
Thank you for making this video. I have been an etsy seller for a while now and have run into some of these issues.
You're welcome!
Fantastic info - thank you for this...
You are most welcome.
I am not a cosplay maker, but rather a n ex-game dev who dabbles in making. What you have offered here, in this video, is in my mind is solid advice and to be honest, made me respect you even more. You kept the topic honest and straight forward. These are good thoughts for anyone to keep in mind. Thank you.
Happy to help out, Jeff!
Great video, Bill! I often toy with the idea of monetizing my prop making, but know that it’s a whole shwack of grey areas. Great to hear your thoughts and experience on the matter.
Happy to share. =D
just a flat out great video
Thanks. =D
Rando comment, You have been awesome about answering back when I comment on your videos. I just wanna say thanks and appreciate it. I plan on using your store just because you are so attentive to your fans. Thanks again
Well that's very kind of you! We really appreciate your support :)
Great info.
Thank you for the vid, very informative.
You're welcome!
This was fantastic for me, I just started a local cosplay supply store in my home town and I was curious where I landed in the copywrite area as a business more of encouraging the community and help those build their own.
Fantastic!
Very fair, honest and informative information. Your correct in your assessments of these company’s assets.
They are not going to consider what your doing stealing from them unless you 1 make bad products 2 they choose to start making similar ones. 3 you are making substantial money from this enterprise
The only thing I think you missed was that there is a difference between the fist to come up with something and the first to copyright or trademark something. This goes in part with company’s contesting your claims in order for the value of there existing intellectual property’s to decrease in value
This realy helped, thanks bill
You're welcome!
Very interesting video even for a non cosplayer/propmaker
Polite and informative as ever. Good one Bill
Thanks!
China: Intellectual property? Hahahaha.
Well said
A very complicated topic Bill, great work in breaking it down. With the increasing accessibility to make and distribute creative works, I think IP and copyright should be a focus for education for the 21st century - like you said, ignorance is not bliss however it is only through exposure that many people learn about this topic and without education there is no body that can police everything (except the community itself)
Oh man I wish this was something we were taught in art school.
Thanks Bill
You're most welcome!
Very informative, thanks :)
You're welcome!
Refreshing to see someone who doesn't feel entitled, like they just automatically have the right to use someone else's IP and shame on the company for being mean and enforcing it. This was a very good video, respectful and helpful at the same time.
This is becoming a bigger and bigger deal in some areas in the toy market. Transformers "3rd party toys" have been getting more and more brave over the years and have even began to branch out to other IPs (overwatch and TMNT to name a few) and we are starting to see the first push backs from the toy company's. I feel with the lowering of costs on 3D printers IP holders are starting to look much closer into things that a few years ago might have slid under the radar. I think as a fandom of certain creators ( I.E. Punished Props etc) we need to really start embracing original ideas and designs more to help keep moving in a positive direction.
Ohhh yes things have definitely changed in the past few years and they will continue to change going forward. I'm very interested to see if any actual legislation changing cases will emerge.
While what you say about embracing original ideas and designs makes a lot of sense in theory, the reality is that most people aren't interested in buying something new and original. What most people want are replicas of things they've seen from their favorite shows, movies, games, or anime; they want something that's recognizable to them as X from Y, not something they've seen or heard of before, no matter how cool it might be. I think that the closest to making something new and original that would sell would be an original design from an existing universe but not seen in the original media. For example, instead of making a copy of something seen in Mass Effect, make and sell something that looks like it's from the Mass Effect universe but is not actually something from the game.
Technically, the art style _can_ be trademarked (it's called "trade dress". See Apple vs Samsung lawsuit over trade dress. Depending on the company, licensing is easy and relatively cheap, especially if your product doesn't directly compete with their product(s). My rule of thumb (aka golden rule): if it was your original design, and someone else selling copies (or derivative work) at a profit, would you want a cut? If yes, you probably should get a license. I'm not a lawyer, but I have designed original products, and done copyright and trademark applications, and some of the products I've designed are licensed (for logos). Licensing is not rocket science (and much easier than coming up with original designs that will actually sell). There are loopholes for commissioned work - but they can be tricky.
Thank you
You're welcome!
I really would like to get into this. I've always loved to make my own toys