When is cosplay a crime?

Summary

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

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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."

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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.

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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.

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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."

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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.

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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.

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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."

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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.

Transcript

[Waylon Wong]

Npr.

[Darren Woods]

A lot of us have first loves when it comes to pop culture. For Aaliyah Pyatt, hers was Star Wars. She went to her first ever comic convention in 2014 dressed up as Han Solo.

[Aaliyah Pyatt]

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.

[Waylon Wong]

That was the start of Aaliyah's journey as a cosplayer. She's also been Toad from Super Mario and Lt. Uhura from Star Trek. She once sewed an entire Cinderella ball gown from scratch. Let's just say Aaliyah knows her way around a hot glue gun.

[Aaliyah Pyatt]

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.

[Darren Woods]

Cosplayers are a huge part of fan culture. You see people dressed up at movie theaters for big releases and at conventions like Comic Con. And often their costumes and accessories are so detailed that they look like they stepped off the screen.

[Waylon Wong]

But there can be a fine line between homage and intellectual property theft. And corporations like Disney and DC tend to be very protective of their creations. After all, there's billions of dollars tied up with licensing juggernauts like Star wars.

[Darren Woods]

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. This is the indicator from Planet Money. I'm Darren Woods.

[Waylon Wong]

And I'm Waylon Wong. We're doing a special series this week about Hollywood Today on the show the story of how Star wars cosplayers and Lucasfilm found a kind of economic symbiosis and help set the tone for how companies relate to their superfans.

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[Darren Woods]

The term cosplay came out of Japanese anime and manga communities in the 1980s, and as you can probably guess, the word is a mashup of costume and play.

[Waylon Wong]

But people were cosplaying almost a century before there was a term for it. Andrew Liptak is the author of the book A History. He says people were dressing up as their favorite science fiction characters in the late 1800s. Andrew has this anecdote from 1940. Some attendees at a sci fi convention in Chicago showed up in costume and.

[Andrew Liptak]

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.

[Waylon Wong]

I'm pretty sure I would have fallen for this.

[Darren Woods]

Darian okay, you gotta be more protective against scammers from the future.

[Waylon Wong]

Anyway, Angie says cosplay kept growing with the debut of the Star Trek TV series in the 60s and the first Star wars film in 1977.

[Darren Woods]

Later on, the Internet helped fans find each other and share tips on how to make costumes. But Andrew says this activity was kind of hush hush. He's a cosplayer himself. He bought his first Star wars Stormtrooper suit around 20 years ago. He knew a guy who knew a guy selling this armor. It cost $500.

[Waylon Wong]

That would be almost like a thousand bucks today.

[Darren Woods]

Yeah, this is not about Halloween costumes or something just for a dress up party. Andrew says makers of the Stormtrooper armor needed a special setup for molding plastic.

[Andrew Liptak]

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. That's sort of how all those transactions went. And a lot of that was because people were nervous about litigation or being, you know, told that they can't do this sort of thing.

[Waylon Wong]

Andrew says this anxiety started to lift somewhat in the mid-90s. That's when cosplayers started meeting with company representatives at industry or pop culture conventions. They would explain, we're not trying to steal your intellectual property. We're just fans making this stuff for ourselves.

[Darren Woods]

One pivotal connection happened between Lucasfilm and a group of Star wars fans who dressed up like stormtroopers. They're known as the 501st Legion. The group's founder met up with someone named Steve Sandsweet. He was Lucasfilm's head of fan relations. We spoke to Steve and asked him.

[Waylon Wong]

What were like the main questions that Lucasfilm had that they wanted you to suss out.

[Steve Sandsweet]

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. I expressed the fact that I had met a lot of these folks and that they were not a problem doing that. They wanted to know where the costumes came from. So I said, they're making them themselves. They get together and they help each other build these costumes. So it's really a great activity too.

[Waylon Wong]

Steve went to bat for the 501st Legion, and over time, the fans and Lucasfilm worked out guidelines. The main rule is that the group's members could not profit from their activity. So selling a small number of stormtrooper armor kits or uniform patches to other members, that was okay. Mass producing unlicensed costumes or lightsabers, that was not okay.

[Darren Woods]

It also helped that cosplayers like the 501st were making very high end, intricate outfits. Remember, these costumes can cost over $1,000, so they don't compete with the officially licensed costumes that you can find at a big box store.

[Steve Sandsweet]

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.

[Waylon Wong]

And it wasn't just that the company politely tolerated the fans. Lucasfilm and later Disney, which acquired Star wars, ended up working closely with cosplayers. Members of the 501st Legion have marched as stormtroopers in the Rose parade and the Macy's Thanksgiving Day Parade. They were even hired as extras for the show the Mandalorian. They brought their own costumes.

[Steve Sandsweet]

Fans are having fun and they are really boosting the franchise and the ip. And I think Lucasfilm has always seen it that way. There were fans in homemade costumes back in 1977. You saw Darth Vader standing in line to watch Star wars, and sometimes Freaky helmets. But they were having fun, and that was the main thing to get the fans engaged and let them play in George Lucas's sandbox.

[Darren Woods]

And importantly, these fans weren't profiting from their cosplay in a way that Lucasfilm and Disney saw as harmful to their business empires. Now, these companies have gone to court in other cases. For example, in 2006, Lucasfilm successfully sued a British maker of unlicensed Star wars costumes and helmets. Disney also tried shutting down a business that hired out costumed characters for children's birthday parties. It was unsuccessful in that.

[Waylon Wong]

And that's why I got Elsa to come to my birthday party.

[Darren Woods]

Darian officially licensed. Expensive, but worth it.

[Waylon Wong]

Yeah, it's not like they called her, like snow princess. Who will sing at your party?

[Darren Woods]

I can't believe it's not Elsa.

[Waylon Wong]

Nerd culture and fandom have gotten huge in the last couple of decades. We now have even more Star wars movies and TV shows, plus the Marvel Cinematic Universe and so many other franchises.

[Darren Woods]

So there seems to be this agreement, tacit or otherwise, between the studios and the corporations and fans. But what is the actual letter of the law? What if a company did want to go after these people? Cosplay remains a murky area of the law. That's according to Meredith Rose. She's a lawyer at a consumer advocacy organization called Public Knowledge, and she has also cosplayed herself. She once dressed up as she Hulk, the Marvel superhero who is a lawyer by day.

[Meredith Rose]

I'm six foot nothing, and bare feet, too. So it was a natural. It was a natural fit.

[Darren Woods]

Meredith says cosplay is tricky for lawyers to figure out because it involves clothing.

[Meredith Rose]

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.

[Waylon Wong]

Something like a logo is a different story. So an insignia, like, say, the Superman S would be covered by copyright or trademark law. And characters like Darth Vader also have protection. So Meredith says companies could go after cosplayers if they wanted to, but she hasn't seen this happen. Probably because companies would rather be friendly with these fans than antagonize them.

[Meredith Rose]

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.

[Waylon Wong]

I mean, take it from she Hulk, attorney at law.

[Darren Woods]

I will not get into a fight with her.

[Waylon Wong]

Tomorrow we wrap up our movie series with a movie themed Indicators of the Week. Get your popcorn ready. This episode was produced by Angel Carreras and engineered by Jimmy Keeley. It was fact checked by Cierra Juarez. Kate Concannon is our show's editor and the indicator is a production of npr.

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