Commons:Deletion requests/File:Cosplay at NYCC (60421).jpg

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File:Cosplay at NYCC (60421).jpg

I am well aware of Common's existing tolerance for photos of cosplayers, but this one crosses the line into copyright violation for two reasons:

• The design elements of the character are clearly separable from the costume. In fact some of the most prominent elements—the face and body paint, the designs on the axe—are graphical and not even clothing at all.
• The photo is currently being used specifically to illustrate the character in the video game, thus acknowledging that we are in fact reproducing the design of a specific copyrighted character and invalidating any claim that we are merely illustrating a genre of costume or a cosplayer, rather than the copyrighted elements.

If you are participating in this deletion discussion, please respond to the points above rather than just saying "cosplayers are allowed", as copyright law and Commons' policy trumps precedent. Kaldari (talk) 19:07, 22 March 2020 (UTC)

• I know that COM:COSPLAY has some history, and I'm not all that well acquainted with it. I've posted to VPC to get some opinions from those who are more in the know. When I uploaded it, I was mainly considering the last line of the guidance we have: Present consensus has adopted the view that in order to be a copyright violation, "[t]he photo would have to be primarily of the mask or other separable element of the costume, e.g. focusing on the expression inherent in the mask distinct from that of the general character." I guess you could argue that the axe is separable, but I wouldn't say the photo is "primarily of" the axe... — Rhododendrites ^talk |  20:10, 22 March 2020 (UTC)

• I see this as a non-issue, especially when the company who owns the copyright supports cosplay of their characters and even has a guide. --JDC808 (talk) 22:47, 22 March 2020 (UTC)

• It's not a mask, which is where the copyright may become more of an issue. I don't think I've ever seen a case where a photo like this was ruled infringement, and I prefer be able to back up deletions with actual cases to show the issue -- not expanding the scope of copyright voluntarily. The axe designs, copyrightable sure, but it's not the main focus of the photo -- per Ets-Hokin, a photo of a bottle is not derivative of the label even if it is fairly prominent in the photo -- only photos focusing on the label itself. To me, the photo is focusing on the whole person, not even the axe, let alone the designs on the axe. The facial paint may be distinctive, and likely subject to trademark, but no I don't think that is copyrightable -- seems like a couple of fairly basic geometric shapes. There would be a character copyright, and this one is on the more cartoonish side which is a bit more likely to get into problems, but... I just can't see this being infringement. Not sure you could sell a t-shirt with this on it, but that feels more due to trademark than copyright. So...  Keep for me. Carl Lindberg (talk) 00:05, 23 March 2020 (UTC)

•  Keep The axe is not the main focus of the photo, and I also don't think the facepaint is copyrightable, but could be trademarked. Abzeronow (talk) 16:32, 23 March 2020 (UTC)
• Weak keep so long as the page as tagged under {{Trademarked}} and {{Costume}}. While I can get behind the OP's point of view and feel that many images of cosplay should be cracked down on, I also feel that since the copyright holders permit and support cosplay of their characters, this one might be safe. -BRAINULATOR9 (TALK) 18:14, 23 March 2020 (UTC)
• Not sure I acknowledge the existence of Commons:Copyright_rules_by_subject_matter#Costumes_and_cosplay and the precedent of uploading these photos. So far as I know, the practice is so far either undiscussed or without organized discussion. Questions would be easy to ask and challenging to answer. Blue Rasberry (talk) 13:16, 27 March 2020 (UTC)

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Kept: no valid reason for deletion - As a general rule, clothing cannot have a copyright. Neither can an axe, although I could see an argument for the decoration to have a copyright, but it is inconsequential in the image as a whole. .     Jim . . . (Jameslwoodward) (talk to me) 22:07, 11 May 2020 (UTC)