Cosplay does not Equal Consent things to know as the Cosplay community reacts to a vendor selling body pillows of live Cosplayers at AnimeNext.
Ok, this is one of those things I would never have thought of doing with any of the pictures that I take at Anime, Comic, and Steam Conventions around the USA. Frankly, I would never have thought of putting a live person on a full sized body pillow. The idea never crossed my mind, now a book yes, but on what is commonly referred to as a “sex pillow” I would not have. So as AnimeNext started winding down, a controversy erupted over the whole use of pictures taken at anime conventions.
Seems that 2ImageSolutions was at AnimeNext selling full sized body pillows as well as smaller pillows with live people as the subject, both front and back. He uses a common 360 degree view to make a 3D image of the cosplayer. Front of the pillow you, back of the pillow your butt, men and women, and from what the people are saying in the comments over at the Grey Point this has gone viral over the last 24 hours.
So if you find yourself in a situation like this, and I am a photographer that goes to a lot of comic book, etc conventions, know your rights as a Cosplayer, and photographers know your rights as well. As I stated on my DA page when the story broke this morning:
1. There is going to be a huge backlash now against legitimate cosplay photographers as the story explodes. At every show I take pictures at you should have gotten one of my photography cards, if you want a picture taken down, just ask. I have had people request before, it is not a big issue.
2. If you are a cosplay photographer, even amateur – for the love of god or deity have a photographers card with all the URL’s you will post at and your e-mail address. If you are taking pictures of under age kids, talk to their parents and hand the parent as well as the kid your photo card. They can be simple 1 penny cards, FedEx Kinkos will do a 1000 of them for like 10 bucks. Best thing you could do for your professional reputation.
3. If you want an amazing Cosplay shoot, do like I do, or Cosplay NW, get them into a studio, make sure they understand what they are getting into. The photographer may or may not do a profit sharing routine (I do, I know many who do not profit share), but make sure your contract is legal, binding, have a lawyer do it. Don’t just use the Getty Images sample contract, have one you use on your own for your own company.
4. Right of Publicity, make damn sure you know about these and what they mean to you and to the person having their picture taken. A good place to be informed of this is – Washington State Law – [link] check it out – it might just save your photographic career.
5. Not all photographers are GWC (Guy With Camera) we love your Cosplay because it is awesome and we want to preserve moments in time. Ask the photographer, and you have the right to say no.
Now what makes this interesting is that in reading his model release over at the Outhousers.com it is the standard Getty Images condensed model release. It has been tested, it is a good model release. The real part is when the lawyers get involved because they do, this one needs to be tested, so kind of hoping that this does go to court because this needs to be solved out. For anyone who is under the age of 18, if your parents signed it, it is a valid contract, if your parents did not sign it, then that contract is null and void, he can get into a lot of trouble. For anyone over the age of 18 by so much as 1 minute, the contract is valid, but the Body Pillow issue is what makes this interesting, the contract states clearly that the pictures will not be used for pornography, but we commonly refer to the full sized body pillow as “sex pillows” or “fap pillows”, making this one an interesting thing that only a lawer can discuss.
For all of you awesome cosplayers we have seen over the years, don’t lose it over this one, take appropriate action, talk to a lawyer, keep being involved, work with the Cosplay =/= Consent site, ask to have your picture taken down and not used (because you have that right under right of publicity), ask to have your picture deleted, destroyed, and taken off all the sites they are posted at. You have that right, use it. Above all, seek good legal advice always, this will be the only way to help keep GWC from killing what is a lot of fun to do for photographers.
Keep on following the story, this one promises to be very interesting, especially if lawyers get involved.
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