Nowadays, cosplaying is not only a personal hobby but is also used by many brands to promote their products. However, cosplaying characters appearing on product packaging can potentially infringe copyright if it does not comply with legal regulations. So specifically, is cosplaying characters on product packaging a copyright violation and when is it considered legal? Let’s find out more details in the article below with VCD.
What is cosplaying characters on product packaging?
Cosplay (short for “costume play”) is a form of dressing up and re-enacting the image of a character in a movie, comic, game or a brand. When these characters appear on product packaging such as cake boxes, cans of water, cosmetics or toys, many people think that dressing up like them is just a normal creative or promotional activity.
However, if the character is designed, drawn or created by a party with intellectual property rights, cosplaying or using the character’s image on product packaging without permission may result in copyright or trademark infringement.
Character image copyright
According to the 2022 Vietnamese Intellectual Property Law, characters in cinematographic works, comics, animations or video games are considered works of applied art or plastic works, and are protected by copyright.
Clause 1, Article 14 of the 2022 Intellectual Property Law clearly states: “Works protected by copyright include literary, artistic and scientific works in all forms, including plastic works and applied art works.”
Thus, the character image shown on product packaging is also within the scope of protection. If an individual or business cosplays that character to promote a product, or uses the cosplay image for commercial purposes, it may be considered an infringement of the copyright or trademark rights of the owner.
Is cosplaying characters on product packaging a copyright violation??
Cosplaying a character on product packaging may be considered a copyright infringement if it falls into one of the following cases:
- Without the owner’s permission: Even if you only “transform” into the character, if the image is used for advertising, printing, or business, you still need to ask for permission or sign a copyright contract.
- Using a character with a registered trademark: For example, cosplaying Pikachu, Doraemon, or Marvel are all under the management of large intellectual property companies.
- Causing confusion or taking advantage of reputation: When consumers think that the product is officially linked to the original brand, this behavior may be considered an infringement of trademark rights or unfair competition.
According to Article 28 of the 2022 Intellectual Property Law, the act of “using, copying, or displaying a work without the permission of the copyright owner” is considered a violation and may be subject to administrative or criminal sanctions depending on the severity.
Depending on the severity, the violation may be subject to administrative or criminal sanctions according to Vietnamese law:
- Administrative sanctions: The fine can be up to VND 250 million for the violating organization.
- Civil compensation: The copyright owner may request compensation for damages, a public apology, or the cessation of use of the infringing image.
- Criminal sanctions: In serious cases (e.g., copying, mass production, causing great damage), the violator may be imprisoned for up to 3 years according to Article 225 of the 2017 Penal Code.
When is it allowed to cosplay characters on packaging?
Not all cosplay of characters on packaging is considered an infringement. If one of the following conditions is met, you can use it legally:
- Written permission from the copyright owner: This is the safest and most professional way. Usually, businesses will buy the right to use the image for a certain period of time.
- Public domain work: If the character has expired copyright protection (50 years after the author’s death under Vietnamese law), you can use it without permission.
- Non-commercial cosplay: If you only cosplay to share art, take personal photos or serve learning purposes, not for advertising, it is not considered an infringement.
- Not misleading or unfair competition: If the product or image does not make consumers think that you are “affiliated” with the original brand, it can be considered acceptable.
In short, cosplay is a creative art form, but when it is used commercially or in advertising, it needs to be carefully considered from a legal perspective on copyright and trademark. If you cosplay a character on product packaging without permission from the owner, that action may be considered a violation of copyright or trademark rights.
Above is VCD’s sharing on “Is cosplaying a character on product packaging a violation of copyright?”. Correctly understanding and complying with copyright regulations not only helps you protect your business from legal risks, but also contributes to building a creative environment that respects intellectual property rights.
Sincerely,
You may be warned or have your post removed on social media platforms if the content is identified as a copyrighted work. Citing the source or quoting is not a substitute for asking permission from the owner.
You should ask permission from the copyright owner, or only create non-commercial, entertaining content, and not copy the image in its entirety. In addition, you can create variations of the character to avoid legal risks.