Last summer, a well-known cosplayer wore a costume of a character from a domestic game at a commercial event and was sued by the game company for 500,000 yuan for infringement. This is not an isolated case—from “Demon Slayer” to “Genshin Impact,” from convention stages to live streaming platforms, the tension between copyright holders and cosplayers is growing. Many people think cosplay is just a “niche hobby,” but once commercial monetization is involved, the legal red line becomes clear. So where is the bottom line for commercial cosplay creation?
I. The Root of Fan Copyright Disputes: Collisions in Legal Gray Areas
The core of fan creation is “borrowing elements from the original work for secondary creation,” while the basic principle of copyright law is “no reproduction, adaptation, or dissemination without permission.” These two naturally conflict. In current domestic judicial practice, the characterization of fan works often depends on whether they “affect normal use of the original work” and “unreasonably harm the legitimate rights and interests of the rights holder.” Specifically for cosplay, the key is whether it has a commercial nature.
1.1 The Line Between Non-Commercial and Commercial is Blurred
Many cosplayers initially act out of passion, but when they start making money through live streaming tips, business collaborations, selling photo books, etc., the nature of the behavior changes. For example, a Bilibili UP主 wearing a self-made “Jujutsu Kaisen” Gojo Satoru costume for a live commerce stream received a warning letter from Shueisha, citing “unauthorized use of the character for commercial promotion.” The keyword here is “commercial use”—as long as the cosplay directly or indirectly generates economic benefits, it may cross the copyright minefield.
1.2 Lack of Licensing Systems
Currently, domestic animation and game companies have polarized attitudes toward cosplay licensing: some big companies like Tencent and miHoYo proactively launch official cosplay licensing programs, allowing cosplayers to use character images within limited scopes; but many small and medium-sized companies simply ignore it or adopt a “let it go first, then harvest” strategy—wait until your cosplayer account grows big, then sue for compensation. This uncertainty keeps cosplayers walking on thin ice.
II. Legal Boundaries of Commercial Cosplay: From “Reference” to “Infringement”
The core criterion for determining whether a commercial cosplay infringes is: whether it causes audiences to have “confusion” or “associative associations.” If the cosplayer clearly marks “unofficial” or “fan work” and does not use the original work’s logo, music, or iconic lines, it generally does not constitute direct infringement. However, the following behaviors significantly increase risk:
2.1 Using Character Names and Settings for Marketing
Naming products “XX same style” or “XX character outfit,” or directly mentioning the original work’s name in promotional copy, all constitute use of the copyright holder’s trademark and copyright. For example, a Taobao store selling “Dilraba same-style ancient costume” poses low risk if the celebrity does not pursue; but if it’s “‘Honor of Kings’ Diao Chan same-style dress,” Tencent’s legal department may come knocking.
2.2 Imitating Iconic Poses or Scenes from the Original Work
In commercial photography, if a cosplayer deliberately recreates a classic pose, composition, or scene from the original work (such as “Evangelion”‘s “Rei Ayanami smile”) and uses it in commercial brochures or exhibitions, it may infringe on adaptation rights. Last year, a photographer was sued by the copyright holder for selling “Demon Slayer” cosplay postcards and was ordered to pay 80,000 yuan.
2.3 Unauthorized Use of Original Props or Sound Effects
Many cosplayers buy high-quality replicas online, but if these props themselves are unauthorized (e.g., 3D-printed “Frostmourne”) and then used in commercial performances, it constitutes double infringement. More subtle is background music—playing the original BGM in commercial performances, even for only 10 seconds, could be considered public performance right infringement.
III. How Can Cosplayers and Copyright Holders Find Win-Win Solutions?
Rather than confront, collaborate. In fact, more and more copyright holders are realizing that cosplayers are free or low-cost marketing resources. The key is to establish rules.
3.1 Official “Fan Creation Licensing Framework”
Refer to Marvel’s approach: as long as cosplayers do not commercialize, do not defame the character image, and mark “unofficial,” all fan creations are tacitly permitted. For commercial use, a reporting system can be set up—cosplayers submit proposals in advance, and the copyright holder issues licenses for free or a nominal fee. This protects copyright revenue while activating the community ecosystem. For example, “Honkai: Star Rail” has piloted a “Creator Incentive Program,” distributing authorized material packs through the official platform.
3.2 Cosplayers Proactively Obtain “Brand Authorization Letters”
If you receive a commercial promotion at a convention, be sure to ask the brand to show authorization proof for the character image. Many small booths actually use pirated illustrations; if a cosplayer participates, the risk is shared. It is recommended that cosplayers make “confirming the authorization chain” a necessary step before accepting orders, and save communication screenshots.
3.3 Take the “Original Design” Route to Avoid Risks
If you are worried about copyright disputes, you can try combining classic characters with your own creativity, such as designing “steampunk Joker” or “cyberpunk Nezha.” As long as the degree of modification reaches “substantial difference” (e.g., facial features, costume structure, color scheme are significantly different from the prototype), it may be considered a new work. Of course, it is best to consult a professional lawyer first, or use public materials under the CC0 license.
IV. Where Is the Bottom Line? My Three Suggestions
First, clearly distinguish between “powered by love” and “commercial monetization.” If you just participate in fan-only conventions without charging, feel free to cosplay; but once you accept tokens, tickets, gifts, or cash, immediately initiate the authorization review process. Second, always mark “fan work”—even if it’s just a Weibo post, write it in the text or picture corner; this is the strongest evidence against “confusion” accusations. Third, do not naively think that “small circles are safe.” With increasing IP enforcement efforts, even cosplayers with only a few hundred followers can become targets to scare others.
Back to the opening question: The bottom line of commercial cosplay creation is actually the bottom line of copyright law—no unauthorized use for profit. But above the bottom line, there is still vast space. The real breakthrough lies in: copyright holders opening the door for licensing, cosplayers learning legal protection, and the industry forming self-regulatory conventions. When the three form a virtuous cycle, cosplayers can find a safe stage between free creation and commercial order.
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