Commons:Featured picture candidates/File:Cosplay of Miranda Lawson (Mass Effect).jpg

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  •   Comment Doesn't seem like it should be, but I don't know what the laws are. If someone takes a photo of me wearing a Superman shirt, do they have to pay royalties to DC Comics if they sell the photo? -- Ikan Kekek (talk) 09:55, 27 December 2021 (UTC)[reply]
@Ikan Kekek: I do agree that US law is not yet clear on this (the wording of the "costuming" tag on the picture is enough indication of that). But I can't see how the three-dimensional artwork of a movie/TV/comic book/videogame character's distinct costume as long as that is not everyday wear (like, I don't think cosplaying as characters from The Office—which I've seen people do—is really going to trigger a copyright suit since the way the characters dress is composed entirely of off-the-rack useful articles) is any different from a three-dimensional public artwork like a sculpture not protected under FoP, especially after the Supreme Court's Star Athletica decision a few years back. Daniel Case (talk) 16:52, 27 December 2021 (UTC)[reply]
I think there is a difference between taking a picture of a person wearing certain clothes vs. copying the actual clothes themselves, just as Ets-Hokin v. Skyy Spirits notes that there is a difference between a bottle and a label on the bottle. -- King of ♥ 01:13, 28 December 2021 (UTC)[reply]
@King of Hearts: Well, Star Athletica is a Supreme Court decision that goes more to the point here (although it is the same general principle, that purely aesthetic elements of product design are copyrightable), and also as a Supreme Court decision takes precedence over a Ninth Circuit decision. To be fair, it does not seem like this issue has been directly tested yet. But I can't imagine a ruling going any other way. Daniel Case (talk) 19:10, 29 December 2021 (UTC)[reply]
Confirmed results:
Result: 1 support, 4 oppose, 0 neutral → not featured. /Ikan Kekek (talk) 21:14, 29 December 2021 (UTC)[reply]