Summary of "When is Cosplay a Crime?" – The Indicator from Planet Money

Podcast Information:

• Title: The Indicator from Planet Money
• Host/Author: NPR
• Description: A bite-sized show about big ideas. From the people who make Planet Money, The Indicator helps you make sense of what's happening in today's economy. It's a quick hit of insight into money, work, and business. Monday through Friday, in 10 minutes or less.
• Episode: When is Cosplay a Crime?
• Release Date: July 17, 2025

1. Introduction to Cosplay and Aaliyah Pyatt

The episode opens by introducing Aaliyah Pyatt, a passionate cosplayer whose first foray into the world of cosplay was inspired by Star Wars. In 2014, Aaliyah attended her first comic convention dressed as Han Solo. She recounts her resourcefulness in creating the costume:

Aaliyah Pyatt [00:23]: "I had thrifted like a men's blazer and cut the sleeves off and then I just like took an old pair of jeans and like some ribbon and sewed it on the side and then just added the stripes with markers."

Aaliyah's dedication to cosplay is further highlighted through her diverse array of characters, including Toad from Super Mario and Lt. Uhura from Star Trek. She even once sewed an entire Cinderella ball gown from scratch, demonstrating her expertise with crafting tools like the hot glue gun.

Aaliyah Pyatt [00:50]: "Every cosplayer like it'll be 3am and you're crying and you're just hot gluing elements on because you don't want to sew it anymore."

2. Evolution of Cosplay Through History

Darren Woods delves into the origins of the term "cosplay," which emerged from Japanese anime and manga communities in the 1980s as a blend of "costume" and "play." However, cosplaying as a practice dates back almost a century before the term was coined. Andrew Liptak, author of A History, shares an anecdote from a 1940 sci-fi convention in Chicago:

Andrew Liptak [03:53]: "They had a little bit of a gag where they went to the local newspaper office and basically said, hey, we're time travelers from the future. We're here for the interview."

This historical perspective underscores that the enthusiasm for dressing up as beloved characters has long been a part of fan culture. The popularity of franchises like Star Trek in the 1960s and Star Wars in 1977 significantly boosted the growth of cosplay.

The advent of the Internet further revolutionized cosplay by allowing fans to connect, share tips, and collaborate on complex costume projects. However, Andrew notes that early cosplayers often engaged in their craft discreetly due to fears of legal repercussions.

3. Intellectual Property and Cosplay

A significant focus of the episode is the delicate balance between paying homage to beloved franchises and navigating the complexities of intellectual property (IP) law. Corporations like Disney and DC are notoriously protective of their creations, given the substantial financial stakes involved with franchises like Star Wars.

Despite these protective measures, Aaliyah Pyatt has never faced legal action for her cosplay endeavors. Darren Woods explains that this is largely due to an informal understanding between companies and cosplay enthusiasts:

Darren Woods [01:29]: "And yet Aaliyah has never been sued or told to stop. That's because of a long standing arrangement between companies and their cosplaying fans."

Waylon Wong elaborates on this dynamic, emphasizing the economic symbiosis that has developed between companies like Lucasfilm and their superfans.

4. The Symbiotic Relationship Between Lucasfilm and Cosplayers

The episode highlights a pivotal relationship between Lucasfilm and a dedicated group of Star Wars cosplayers known as the 501st Legion. This group, which specializes in stormtrooper costumes, played a crucial role in establishing a mutually beneficial relationship with Lucasfilm.

Steve Sandsweet, Lucasfilm's head of fan relations, shares insights from his conversations with the 501st Legion's founder:

Steve Sandsweet [05:48]: "I think one of the questions they had is, what if somebody takes a Darth Vader helmet and robs a bank or a gas station? And I said, that can happen anyway. And in fact, it has happened. It has never been a member of any of these costuming groups."

Steve emphasized that cosplayers were creating their own costumes without official sanction but also without harmful intent. This understanding led to the establishment of guidelines that allowed the 501st Legion to thrive without infringing on Lucasfilm's IP rights.

One key rule was that group members could not profit from their cosplay activities. Selling limited quantities of armor kits or uniform patches was permissible, whereas mass-producing unlicensed costumes or accessories was prohibited.

Steve Sandsweet [06:57]: "I think the people at Lucasfilm realized that it is not in Lucasfilm's benefit to go around and try to shut down fans who are doing items that are really not material to the bottom line."

This collaboration extended beyond cordial tolerance. Members of the 501st Legion have participated in high-profile events like the Rose Parade and the Macy's Thanksgiving Day Parade as stormtroopers. They were also hired as extras for the popular TV show The Mandalorian, showcasing their integration into mainstream media.

Steve Sandsweet [07:32]: "Fans are having fun and they are really boosting the franchise and the IP. And I think Lucasfilm has always seen it that way."

5. Legal Perspectives on Cosplay

While the relationship between Lucasfilm and cosplayers like the 501st Legion is harmonious, the legal landscape of cosplay remains complex and somewhat ambiguous. Meredith Rose, a lawyer at Public Knowledge and a cosplayer herself, provides a nuanced perspective on the legalities involved.

Meredith Rose [09:33]: "Copyright law does not cover practical or functional objects. And historically in the US, we've considered clothing to be a functional object because it covers your body."

According to Meredith, while clothing itself is generally not protected under copyright, specific elements like logos or unique character designs (e.g., the Superman "S" insignia or Darth Vader's helmet) are covered by copyright and trademark laws.

This distinction means that while cosplayers can freely craft costumes that are primarily practical, incorporating copyrighted elements can potentially lead to legal challenges. However, Meredith notes that such legal actions against cosplayers are rare, primarily because companies find it more advantageous to maintain a positive relationship with their fanbase rather than pursue litigation.

Meredith Rose [10:08]: "Could all of these companies turn around at any point and say, you know what? We're not doing this anymore? Like, yeah, they could do that. But I think just as a reality, this is one of those things where social norms around it, for better or for worse, end up being much more important than the law."

This sentiment underscores the importance of community standards and mutual respect between fans and corporations in shaping the cosplay landscape, often overriding strict legal interpretations.

6. Conclusion and Current Dynamics

As nerd culture and fandom continue to grow exponentially, with franchises like Star Wars, the Marvel Cinematic Universe, and numerous others expanding their reach, the relationship between cosplayers and corporations remains a pivotal element of modern pop culture.

The episode concludes by highlighting the delicate balance between creative expression and intellectual property rights. While legal frameworks provide a foundation, it is the evolving social norms and mutual benefits that truly define the cosplay ecosystem today.

Darren Woods [08:37]: "I can't believe it's not Elsa."

This light-hearted remark underscores the seamless integration of cosplay into everyday life, reflecting its acceptance and celebration within broader society.

Notable Quotes:

• Aaliyah Pyatt [00:23]: "I had thrifted like a men's blazer and cut the sleeves off and then I just like took an old pair of jeans and like some ribbon and sewed it on the side and then just added the stripes with markers."

• Aaliyah Pyatt [00:50]: "Every cosplayer like it'll be 3am and you're crying and you're just hot gluing elements on because you don't want to sew it anymore."

• Andrew Liptak [04:51]: "So I sent him a check and later that summer a box full of plastic came to my house and I put it together and I started suiting up as a stormtrooper."

• Steve Sandsweet [05:48]: "I think one of the questions they had is, what if somebody takes a Darth Vader helmet and robs a bank or a gas station? And I said, that can happen anyway. And in fact, it has happened. It has never been a member of any of these costuming groups."

• Steve Sandsweet [06:57]: "I think the people at Lucasfilm realized that it is not in Lucasfilm's benefit to go around and try to shut down fans who are doing items that are really not material to the bottom line."

• Meredith Rose [09:33]: "Copyright law does not cover practical or functional objects. And historically in the US, we've considered clothing to be a functional object because it covers your body."

• Meredith Rose [10:08]: "Could all of these companies turn around at any point and say, you know what? We're not doing this anymore? Like, yeah, they could do that. But I think just as a reality, this is one of those things where social norms around it, for better or for worse, end up being much more important than the law."

This episode of The Indicator from Planet Money offers an insightful exploration into the world of cosplay, highlighting the intricate dance between creative expression, fan culture, and corporate interests. Through engaging narratives and expert commentary, listeners gain a comprehensive understanding of when cosplay remains a celebrated homage and when it potentially crosses into legal gray areas.