POINT OF VIEW: DEBATE ON PROTECTING CHARACTER WORKS IN COSPLAY ACTIVITIES BASED ON INDONESIAN COPYRIGHT

Abstract

Purpose: The purpose of this work is to describe the nature of copyright can be applied in the context of cosplay activities and the challenges and obstacles faced by cosplayers in understanding and respecting copyright and brands in cosplay practice. Theoretical framework: Cosplay is an adaptation of creation, where the process of making cosplay costumes and accessories is carried out by changing the form of a sketch design/drawing of a costume or character design into a costume that can be used in real life. Copyright regulates provisions regarding legal protection for adaptations of works. Design/methodology/data analysis: The research methods used in this article are analytical and descriptive approaches. Data is collected through literature studies that include articles, journals, books, and other reliable sources. The data is then analysed and interpreted to identify challenges and barriers in understanding copyright in cosplay, as well as to conduct legal comparisons between different countries. Findings: Copyright protection is important in cosplay, with the potential for infringement if using character and brand works without permission. Cosplayers need to understand boundaries and communicate with the original owner to avoid violations. Cosplayers face challenges in understanding and respecting copyright and brands, including limited legal understanding and difficulty obtaining official permission. It is important for them to continue to deepen understanding and communicate with the original owner to avoid violations. Originality/value: This article focuses on character copyright protection in Cosplay, where it is necessary to clearly regulate whether cosplay violates copyright or does not violate copyright. Practical implications: Cosplay creators need to understand well the copyright regulations in a country, to know whether their actions violate copyright or not. Law enforcers need to understand and re-examine whether the act of cosplay violates the economic rights of the creator or not.

Full text

Miami| v.12, n. 2 | pages: 01-20| e02978 |2024. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
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POINT OF VIEW: DEBATE ON PROTECTING CHARACTER WORKS IN
COSPLAY ACTIVITIES BASED ON INDONESIAN COPYRIGHT
a
Dewi Sulistianingsih,
b
Yuli Prasetyo Adhi,
c
Kevin Rayhan Prialdino,
d
Mochammad Shidqon Prabowo
ABSTRACT
Purpose: The purpose of this work is to describe the nature of copyright can be applied in the
context of cosplay activities and the challenges and obstacles faced by cosplayers in
understanding and respecting copyright and brands in cosplay practice.
Theoretical framework: Cosplay is an adaptation of creation, where the process of making
cosplay costumes and accessories is carried out by changing the form of a sketch design/drawing
of a costume or character design into a costume that can be used in real life. Copyright
regulates provisions regarding legal protection for adaptations of works.
Design/methodology/data analysis: The research methods used in this article are analytical
and descriptive approaches. Data is collected through literature studies that include articles,
journals, books, and other reliable sources. The data is then analysed and interpreted to
identify challenges and barriers in understanding copyright in cosplay, as well as to conduct
legal comparisons between different countries.
Findings: Copyright protection is important in cosplay, with the potential for infringement if
using character and brand works without permission. Cosplayers need to understand boundaries
and communicate with the original owner to avoid violations. Cosplayers face challenges in
understanding and respecting copyright and brands, including limited legal understanding and
difficulty obtaining official permission. It is important for them to continue to deepen
understanding and communicate with the original owner to avoid violations.
Originality/value: This article focuses on character copyright protection in Cosplay, where it is
necessary to clearly regulate whether cosplay violates copyright or does not violate copyright.
Practical implications: Cosplay creators need to understand well the copyright regulations in
a country, to know whether their actions violate copyright or not. Law enforcers need to
understand and re-examine whether the act of cosplay violates the economic rights of the
creator or not.
Keywords: character, copyright, cosplay, work protection, Indonesia.
a
Lecturer At Faculty of Law, Universitas Negeri Semarang, Building K, Sekaran, Gunungpati, Semarang, Central Java,
Indonesia, 50229, E-mail: dewisulistianingsih21@mail.unnes.ac.id
b
Lecturer At Faculty of Law, Diponegoro University, Tembalang, Semarang, Central Java, Indonesia,
E-mail: yuliprasetyoadhi@gmail.com
c
Researcher At Faculty of Law, Universitas Negeri Semarang, Building K, Sekaran, Gunungpati, Semarang, Central
Java, Indonesia, 50229, E-mail: kvnrayhan@students.unnes.ac.id
d
Lecturer At Faculty of Law, Wahid Hasyim University, Semarang, Central Java, Indonesia,
E-mail: Shidqonhamzah@yahoo.com

Miami| v.12, n. 2| pages: 01-20| e02978 |2024. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
Sulistianingsih, D., Adhi, Y., P., Prialdino, K., R., Prabowo, M., S. (2024). POINT OF VIEW:
DEBATE ON PROTECTING CHARACTER WORKS IN COSPLAY ACTIVITIES BASED ON INDONESIAN
COPYRIGHT
2
Received: 13/11/2023
Accepted: 12/01/2024
DOI: https://doi.org/10.55908/sdgs.v12i2.2978
PONTO DE VISTA: DEBATE SOBRE A PROTEÇÃO DE OBRAS DE
CARÁTER EM ATIVIDADES DE COSPLAY BASEADAS EM DIREITOS
AUTORAIS INDONÉSIOS
RESUMO
Objetivo: O objetivo deste trabalho é descrever a natureza dos direitos de autor podem ser
aplicados no contexto das atividades de cosplay e os desafios e obstáculos enfrentados pelos
cosplayers na compreensão e respeito dos direitos de autor e marcas na prática de cosplay.
Estrutura teórica: Cosplay é uma adaptação da criação, onde o processo de fabricação de
trajes e acessórios de cosplay é realizado pela mudança da forma de um esboço / desenho de
um traje ou design de personagem em um traje que pode ser usado na vida real. O direito de
autor regula as disposições relativas à proteção jurídica para adaptações de obras.
Design/metodologia/análise de dados: Os métodos de pesquisa utilizados neste artigo são
abordagens analíticas e descritivas. Os dados são coletados através de estudos de literatura
que incluem artigos, revistas, livros e outras fontes confiáveis. Os dados são então analisados
e interpretados para identificar desafios e barreiras na compreensão dos direitos autorais em
cosplay, bem como para realizar comparações legais entre diferentes países.
Constatações: A proteção de direitos autorais é importante no cosplay, com potencial para
violação se usar caracteres e marcas funciona sem permissão. Os cosplayers precisam entender
os limites e se comunicar com o proprietário original para evitar violações. Os cosplayers
enfrentam desafios para entender e respeitar os direitos autorais e as marcas, incluindo a
limitada compreensão legal e a dificuldade em obter permissão oficial. É importante que eles
continuem a aprofundar a compreensão e a se comunicar com o proprietário original para evitar
violações.
Originalidade/valor: Este artigo concentra-se na proteção dos direitos autorais dos personagens
na Cosplay, onde é necessário regular claramente se a cosplay viola os direitos autorais ou não
viola os direitos autorais.
Implicações práticas: Os criadores de Cosplay precisam entender bem as regulamentações de
direitos autorais em um país, para saber se suas ações violam ou não os direitos autorais. Os
aplicadores da lei precisam entender e reexaminar se o ato de cosplay viola ou não os direitos
econômicos do criador.
Palavras-chave: personagem, direitos autorais, cosplay, proteção do trabalho, Indonésia.
PUNTO DE VISTA: DEBATE SOBRE LA PROTECCIÓN DE LAS OBRAS
DE PERSONAJES EN LAS ACTIVIDADES DE COSPLAY BASADAS EN
LOS DERECHOS DE AUTOR DE INDONESIA
RESUMEN
Objetivo: El objetivo de este trabajo es describir la naturaleza de los derechos de autor que
pueden aplicarse en el contexto de las actividades de cosplay y los desafíos y obstáculos que
enfrentan los cosplayers en la comprensión y el respeto de los derechos de autor y las marcas
registradas en la práctica de cosplay.

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Sulistianingsih, D., Adhi, Y., P., Prialdino, K., R., Prabowo, M., S. (2024). POINT OF VIEW:
DEBATE ON PROTECTING CHARACTER WORKS IN COSPLAY ACTIVITIES BASED ON INDONESIAN
COPYRIGHT
3
Estructura teórica: El cosplay es una adaptación de la creación, donde el proceso de
fabricación de trajes y accesorios de cosplay se logra cambiando la forma de un boceto/dibujo
de un disfraz o diseño de personaje en un disfraz que se puede utilizar en la vida real. El
derecho de autor rige las disposiciones sobre la protección jurídica de las adaptaciones de las
obras.
Diseño/metodología/análisis de datos: Los métodos de investigación utilizados en este artículo
son de tipo analítico y descriptivo. Los datos se recopilan a través de estudios de literatura que
incluyen artículos, revistas, libros y otras fuentes confiables. Los datos se analizan e interpretan
para identificar los desafíos y barreras en la comprensión de los derechos de autor en el cosplay,
así como para realizar comparaciones legales entre diferentes países.
Hallazgos: La protección de los derechos de autor es importante en el cosplay, con potencial
de violación si el uso de personajes y marcas funciona sin permiso. Los cosplayers necesitan
entender los límites y comunicarse con el propietario original para evitar violaciones. Los
cosplayers se enfrentan a desafíos en la comprensión y el respeto de los derechos de autor y
marcas registradas, incluyendo una comprensión legal limitada y dificultades para obtener
permiso oficial. Es importante que continúen profundizando en el entendimiento y la
comunicación con el propietario original para evitar violaciones.
Originalidad/valor: Este artículo se centra en la protección de los derechos de autor de los
personajes en Cosplay, donde es necesario regular claramente si el cosplay viola los derechos
de autor o no viola los derechos de autor.
Implicaciones prácticas: Los creadores de cosplay necesitan entender bien las regulaciones de
derechos de autor en un país, para saber si sus acciones violan los derechos de autor o no. Los
encargados de hacer cumplir la ley necesitan entender y reexaminar si el acto de cosplay viola
o no los derechos económicos del creador.
Palabras clave: personaje, derechos de autor, cosplay, protección laboral, Indonesia.
1 INTRODUCTION
Copyright is a legal concept that grants the creator of an original work exclusive
rights to his or her work, usually for a limited period of time, after which the work enters
the public domain (Magalla, 2015). Copyright in the international world has also been
discussed and protected, where the protection of international copyright law depends on
several international conventions or treaties. International copyright protection relates
to the agreements on which international copyright protection is based. Such
conventions or agreements include the Berne Convention, the Universal Copyright
Convention, the Trips Agreement, and the WIPO Copyright Treaty (Budi Agus
Riswandi, 2009). The protection and enforcement of intellectual property rights should
contribute to the promotion of technological innovation as well as the dissemination of
technology, for the mutual benefit of both technology makers and users. Of course, if
this is realized properly, then directly social and economic welfare, and maintaining the
balance of people's rights and obligations (Barizah, 2016).

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Protection of intellectual property rights is essential for the successful
development of the creative industries. Legal protection can be provided in the form of
preventive and repressive legal protection (Perwitasari, 2018). Copyright gives the
creator the legal right to be the only one allowed to reproduce, publish, and sell books,
music recordings, etc., for a certain period. Granting copyright and related rights will
stimulate creation and innovation. Therefore, there is an urgent need for governments
to calculate the size of copyright-based industries in order to be able to develop policies
and measures to protect copyright rights, and thus stimulate the growth of the creative
sector (Goddess, 2014).
Today digitalization and globalization are the two main factors for the
occurrence of a trend or cultural flow into a country. The development of the internet,
mobile technology, and social media has greatly facilitated the flow of culture to cross
legal boundaries and freely cross national boundaries (Jenkins, 2018). Indonesia itself
is a country that has an exceptionally large population. This makes the country quickly
influenced by foreign cultures that enter Indonesia, especially in dress culture, as well
as cosplay trends. Currently, regulations regarding copyright infringement are not
strictly enforced and are even considered reasonable and common in cosplay-related
communities in Indonesia. Cosplay is common and considered a positive hobby, but
cosplay itself has the potential for copyright infringement when done by fans of cosplay
activities (Kanzhi Wang, 2010) In this case, having a broad understanding of popular
cosplay culture will help understand cosplay as a whole, so that one can become a good
cosplayer
Cosplay is a subculture of popular culture in many different countries, with the
largest following probably in America and Japan (Flat & Flat, 2015). The term cosplay
was introduced by Japanese producer Nobuyuki Takahashi in 1984 when he attended
Worldcon 1984, a gathering of science fiction fans held in Los Angeles (Canava, 2012).
Cosplay, a shortened form of "costume play," has grown rapidly around the world,
including, and recognized as popular culture. The word "cosplay" is taken from the
English words "costume" and "play", the word "play" in cosplay means that there is not
only role-playing but also gender play, meaning that the characters that cosplayers want
to emulate can be different genders, and gender play is common in the cosplay
community (Yang, 2022). Cosplayer himself is someone who wears full clothes along
with accessories and makeup that imitates the character of a fictional character, then the

Miami| v.12, n. 2| pages: 01-20| e02978 |2024. JOURNAL OF LAW AND SUSTAINABLE DEVELOPMENT
Sulistianingsih, D., Adhi, Y., P., Prialdino, K., R., Prabowo, M., S. (2024). POINT OF VIEW:
DEBATE ON PROTECTING CHARACTER WORKS IN COSPLAY ACTIVITIES BASED ON INDONESIAN
COPYRIGHT
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character will be displayed in the form of a show (Bonnichsen, 2011). Cosplayers have
a strong motivation to pursue their interest in cosplay (Timothy & Hidayat, 2020). They
not only wear the costumes of their favourite characters, but are also committed to
continuously learning and developing the various skills required in this art. In addition,
they realize the importance of connecting with mentors who are experienced in cosplay,
in fact they spend most of their income and time creating or buying costumes, learning
distinctive poses and dialogues, to performing at conventions and events, as they
transform their daily life identities into fictional characters.
Cosplay itself involves four elements: the narrative, the set of clothes, the game
or show, and the performer himself (Lamerichs, 2005). Cosplay is also a form of creative
expression shared by thousands of people around the world. They replicate popular
personalities from the media into reality with good skill and performance. As the
development of comics has increased, cosplay has also grown in popularity among fans.
Activities It has become very popular all over the world and became a place for fans to
express their dedication to their favourite characters (Madonia, 2016). Cosplay is the
work of fans who show support for their favourite fictional characters. The interest and
enthusiasm of fans for popular works is often perceived as having "bad taste" by society
and their indifference to the aesthetic preferences of the public can be a threat to the
existing cultural hierarchy. However, behind the creativity and joy presented by cosplay,
there are legal questions that arise regarding copyright and trademarks.
In Indonesia itself cosplay has been around since the 2000s, but cosplay in
Indonesia has become an increasingly popular phenomenon, especially since 2020 due
to Japanese culture which is also increasingly popular in Indonesia, there are even
several Instagram accounts dedicated to cosplay in Indonesia. Then, there is the
difference between Indonesian and Japanese Cosplayers. Many Indonesian cosplayers
adopt this Japanese subculture, Indonesian cosplayers still consider that Japanese
cosplayers are still the best because it is very difficult and expensive to make
(Wishnoebroto et al., 2017).
Most Indonesians who engage in cosplay, open business opportunities for some
people who take advantage of the cosplay phenomenon that is increasingly rife in
Indonesia. Some individuals and cosplayers run a business selling cosplay costumes
along with costume making services as a profitable business field, because every year
the cosplay phenomenon continues and always changes with the times. However,

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DEBATE ON PROTECTING CHARACTER WORKS IN COSPLAY ACTIVITIES BASED ON INDONESIAN
COPYRIGHT
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businesses involved in cosplay are still unaware that their cosplay costume-making
trades and services are highly vulnerable to copyright infringement. From this
phenomenon, issues related to copyright arise in the business of selling cosplay
costumes which clearly violate the copyright aspect for character design owners who
have applied their designs in the form of costumes by several cosplay costume makers.
This also raises the question of how the rules of copyright law of Indonesia and Japan
(Ramadhan, 2018).
In a legal context, copyrights and marks are legal instruments designed to protect
creative works and trademarks. In general, copyright law protects the characters
imitated. This protection allows copyright holders, such as comic publishers, to protect
visual representations of their characters in derivative works such as replicas, fan films,
and costumes. When cosplayers create costumes depicting commonly protected
characters, those costumes may be derivative works, if not direct copies (Ramadhan,
2021). Questions arise as to whether the use of costumes impersonating a particular
character infringes on the copyright owned by the original owner of the character.
One of the main challenges in understanding copyright in cosplay practice is the
complex boundaries and interpretations of the law. Although the primary purpose of
copyright law is to protect works from unauthorized use, within the context of cosplay,
there are elements of play and personal expression that are difficult to measure and
assess precisely. It should be emphasized that copyright has a significant role to play in
protecting the work on which cosplay costumes are based. The copyright owner has the
exclusive right to use, copy, or reproduce the work and mark. Therefore, the use of
commercially protected works in cosplay without the permission of the copyright owner
may raise legal questions.
However, not all use of characters in cosplay can be considered copyright
infringement. Many cosplays are considered a form of respect and appreciation for the
chosen character and brand. Cosplay activities can help in promoting and expanding the
popularity of such characters and brands. However, there needs to be a clear
understanding of the limitations of using characters in cosplay to avoid unwanted legal
conflicts.
To answer these questions, an analysis of the legal protection of character work
in cosplay practice needs to be conducted. In this article, we will review how copyright
can be applied in the context of cosplay activities, the challenges and barriers faced by

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Sulistianingsih, D., Adhi, Y., P., Prialdino, K., R., Prabowo, M., S. (2024). POINT OF VIEW:
DEBATE ON PROTECTING CHARACTER WORKS IN COSPLAY ACTIVITIES BASED ON INDONESIAN
COPYRIGHT
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cosplayers in understanding and respecting copyright, and the legal regulations that
protect character work in cosplay.
In addition, we will also look at the application of legal protections to character
works in cosplay in different countries, given that copyright laws vary by jurisdiction.
Finally, we will explore the impact of copyright abuse in cosplay activities on the
creative industry. With a better understanding of the legal protection of character works
in cosplay practices, it is hoped that greater awareness can be created about the
importance of respecting copyright in this activity.
In addition, the purpose of this work also involves an in-depth exploration of a
number of challenges and obstacles that hinder cosplayers in their efforts to understand
and respect copyright in cosplay practice. From the limitations of legal knowledge that
often get in the way of proper understanding, to the complexity of distinguishing
between personal and commercial use, as well as the practical barriers of creating
original costumes faithful to respected characters, this work seeks to encapsulate the
range of issues faced by the cosplay community.
By exploring these goals, this work seeks to provide a deeper look into how the
concept of copyright is not only a legal issue, but also affects the creative, cultural, and
community aspects surrounding the cosplay world. Through a holistic elaboration of
these challenges and barriers, it is hoped that this work will make a positive contribution
to the development of a more conscious and insightful perspective for cosplayers in
embracing legal and ethical values as they express their passions in this enthusiastic
form.
In the article entitled Legal Protection and Implementation of Doctrine "Fair
Use" Towards Costume Play (Cosplay) In Copyright and Industrial Design(Ramadhan,
2022), has a broader discussion in scope because it also discusses the implementation
of doctrine "fair use" related cosplay, and its relation to copyright and industrial design.
While this journal focuses on copyright protection of characters in context cosplay. In a
legal approach, the journal written by Galih Dwi Ramadhan explores more deeply about
doctrine "fair use" in context cosplay, which reflects a more holistic legal approach.
While the journal created by the author focuses more on aspects of copyright protection
without including aspects "fair use". Then, Galih Dwi Ramadhan's journal covers
industrial design other than copyright, highlighting design aspects in related discussions
cosplay. While journals by both only discuss copyright over characters in cosplay.

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Sulistianingsih, D., Adhi, Y., P., Prialdino, K., R., Prabowo, M., S. (2024). POINT OF VIEW:
DEBATE ON PROTECTING CHARACTER WORKS IN COSPLAY ACTIVITIES BASED ON INDONESIAN
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Finally, related to the similarity between the two journals lies in the subject, namely
activities cosplay. Overall, the first title has a broader scope with doctrinal inclusion
"fair use" and industrial design. The second title is more specific in its focus on
copyright protection of characters in cosplay.
Article entitled Dialectics Cosplay, Aesthetics, and Culture in
Indonesia(Setiawan, 2013) Focusing on phenomena cosplay in Indonesia, including
how the concept cosplay adopted and changed to include elements of Indonesian’s.
Discussion includes composing clothes cosplay based on stories, fairy tales, novels,
legends, and comics from Indonesia. While the journal written by this author focuses on
legal protection of character copyright in the context of cosplay, with emphasis on legal
and policy aspects governing copyright protection. Deni Setiawan's journal explores
cultural acculturation between Japan and Indonesia in clothing making cosplay, as well
as the application of the concept cosplay in various fields of art such as theatre and
dance. Meanwhile, journals written by the author of the main discussion are copyright
and legal protection of characters in cosplay, including consideration of the legality of
character reproduction and its consequences.
Although both are related to cosplay, the journal "Cosplay Dialectics,
Aesthetics, and Culture in Indonesia" explores aspects of culture, creativity, and
acculturation, while the journal "Copyright Protection of Activities in Cosplay Activities
(Costume Play)" is more oriented towards legal aspects and copyright protection
related to characters in the context of cosplay.
Article titled Perpetrator's Identity Cosplay(Ardhani et al., 2017) focusing on the
views and identities of cosplay actors in the Bandung Cosplay Community. Explore
similar views on cosplay activities and differences in self-identity when cosplaying.
This journal explores the cultural and psychological aspects behind cosplay activities,
including the effort put into costume making, character understanding, and story
creation. While in the journal that the author wrote, Focus more on the legal aspects and
copyright protection of characters in the context of cosplay. Describes the legal issues
involved when copyrighted characters are used in cosplay. This journal Explore legal
and policy aspects related to copyright, especially around character protection in cosplay
activities. In the context of this comparison, the first journal prioritizes aspects of
culture, experience, and identity of cosplay actors, while the journal written by the

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Sulistianingsih, D., Adhi, Y., P., Prialdino, K., R., Prabowo, M., S. (2024). POINT OF VIEW:
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author focuses more on legal aspects and copyright protection related to characters in
cosplay activities.
2 THEORETICAL FRAMEWORK
2.1 COPYRIGHT INFRINGEMENT
Copyright covers a field of juridical rights for various works and creations
resulting from human thought related to economic and moral interests. (Margono, 2015).
The aim of copyright protection is to provide respect for creators or what is known as the
author's right system, namely emphasizing the protection of the creator's personality
through his creation more than the protection of the copyrighted work.(Jened, 2014).
Copyright infringement is a right that is detrimental to the creator or can be
interpreted as a violation whose use is without the permission of the creator or copyright
holder. Until now, there are still many copyright violations found, especially using
copyright material without permission, or using copyright works without licensing
permission. Examples of cases of copyright infringement that occur include imitation,
piracy, plagiarism, and violations of licenses. This violation is of course very detrimental
to the creator because the violation violates the exclusive rights owned by the creator,
both moral rights and economic rights. In general, someone commits copyright
infringement to gain quick financial gain but ignores the interests of the creator and
copyright holder.
2.2 COSPLAY UNDER COPYRIGHT LAW
In the Copyright Law in Indonesia, adaptation activities include acts of
reproduction, especially acts of changing the form and media of expression of a creation.
However, the adapted work and the creator of the adapted work can be protected by
copyright if the adaptation activity is with the permission of the creator of the original
work. Cosplay is one of the actions that is included as a form of adaptation within the
framework of copyright law. Although the Copyright Law in Indonesia does not
explicitly mention cosplay. However, cosplay activities themselves can be analyzed as
a form of adaptation. Making cosplay costumes to sell to other people without
permission is a copyright violation, but if the costume is made for personal use, this is
not a copyright violation.

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Sulistianingsih, D., Adhi, Y., P., Prialdino, K., R., Prabowo, M., S. (2024). POINT OF VIEW:
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The concept of Intellectual Property (IP) is a mechanism for legally protecting
the ownership rights of various intellectual creations, both collective and individual
works(Israhadi, 2023). Adapting without permission is an economic violation of the
creator(Sulani et al., 2023).
3 RESEARCH METHODS
In this article, the research methods used are analytical and descriptive
approaches (Sonny Atmajaya, 2017) (Ramdhan, 2021). An analytical approach is used
to analyse the rule of law relating to copyright in the context of activities cosplay. In
this journal will investigate copyright laws in different countries to understand how legal
protections are applied to character works in practice cosplay. In addition, the journal
will also evaluate related legal cases cosplay That has happened to see how courts and
legal institutions decide in such cases.
In addition, a descriptive approach is used to provide a comprehensive overview
of cosplay practices and related legal issues. We will collect data through a literature
study that includes articles, journals, books, and other reliable sources that discuss legal
protection in cosplay. Such sources will provide a comprehensive understanding of the
concepts of copyright, trademark, and related legal protection in various authorities.
Next, we will analyse and interpret the data found from the literature study to
identify the challenges and barriers faced by cosplayers in understanding and respecting
copyright in cosplay practices. We will highlight cases where copyright infringement
occurs in cosplay, as well as the legal consequences faced by infringers. This analysis
will provide insight into how the use of character work in cosplay can potentially
infringe existing copyrights and brands.
In addition, the author will conduct legal comparisons between different
countries to find out the differences in the application of legal protection to character
and brand works in cosplay. This will involve reviewing legislation and court decisions
regarding copyright in cosplay in relevant countries. The data collected will be analysed
comparatively to highlight similarities and differences in legal approaches across
different authorities.
In this study, we will consider some limitations. First, we will focus on
copyright-related legal protection in cosplay and will not discuss other legal aspects

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Sulistianingsih, D., Adhi, Y., P., Prialdino, K., R., Prabowo, M., S. (2024). POINT OF VIEW:
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such as patents or industrial design. Secondly, we will use reliable and authoritative
sources to ensure the accuracy of the information presented.
With the research methods used, it is hoped that this article will provide a deep
understanding of the legal protection of character works in cosplay practice. Through
legal analysis and practical explanations, we hope this article can provide useful
guidance for cosplayers, copyright and brand owners, and stakeholders in understanding
the legal complexities of cosplay activities.
4 RESULTS AND DISCUSSION
4.1 COPYRIGHT IN THE CONTEXT OF COSPLAY ACTIVITY PROTECTION
In practice cosplay the cosplayer often wear costumes that mimic famous
characters from manga, anime, movies, or video games. Following globalization and
technological advancements, cosplay culture has become increasingly widespread and
global (Rahman et al., 2012). However, the use of these copyrighted character works
and marks may raise legal questions about whether they infringe the rights of the original
owner (Bonnichsen, 2011). Cosplayers imply the copyright holder's exclusive rights to
creative derivative works when they recreate a character's costume in a real, wearable
form(Evola, 2010). In the case of copyright, characters created by the author or artist
are protected by exclusive rights that give the copyright owner control over the use,
copying, or reproduction of the work. Costumes designed specifically for a particular
character may also be protected by copyright. Therefore, when a cosplayer wearing
costumes that imitate copyrighted characters, there is a potential for copyright
infringement, especially if cosplay It is used commercially without permission.
However, it is important to note that in most cases, cosplay is considered a form
of respect for the chosen character. Cosplay promotes a character's popularity and can
sometimes help expand market share and brand awareness. In this context, some
countries have introduced the concept of "fair use" which allows cosplayers to use the
works without infringing on copyright, provided that the use does not harm the original
owner and is not used commercially.
Cosplay itself has existed in Indonesia since the early 2000s(Aeda, 2023). The
act of cosplay as a beloved cartoon or fictional character is an exercise in freedom of
expression in dress, where individuals have the freedom to dress as they please.
However, in circumstances cosplay may infringe the copyright owner's rights to

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cartoons or characters. If a cosplayer wears costumes such as cartoon and fictional
characters for commercial or personal gain, disputes or allegations of copyright
infringement may arise against the cosplayer. On the other hand, if a cosplayer has no
intention of gaining any benefit, it may be unfair to ban an individual who admires and
wants to dress like his or her favourited cartoon or fictional character(Chuduang, 2023).
For comparison, country of origin cosplays A Japanese lawyer known as Yuuji
Okuma who works at the Toranomon law firm specializing in legal and patent matters,
has made a controversial statement. Through the Oshiete platform! Goo, he stated that
using costumes that are reproductions of characters in anime, manga, or similar works
would violate copyright law in accordance with Article 21 of the Copyright Law in
Japan (Riandanu Madi Utomo, 2015).
According to the regulations in Copyright Law in Japan, it is explained in Article
21, that a creator has the exclusive right to create copies of his work in various forms.
Article 22 of Japan's Copyright Law also stipulates that the creator has the exclusive
right to present his work in public (with an effort to publish it and allow the work to be
presented directly to the public. From these provisions it can be concluded that the right
to reproduce works in various media belongs only to the creators themselves, and they
have the right to file lawsuits against anyone who reproduces works without permission.
However, keep in mind that Japan, on the other hand, has a loose attitude when it comes
to things like cosplay. In fact, they actively encourage cosplay activities as long as it is
used for personal gain and not for commercial purposes (Signum, 2015). Japan plans to
further review copyright regulations to prevent possible violations of the law by
cosplayers as the number of people dressed up in costumes of popular characters from
anime, manga, and video games continues to grow (Madonia, 2016).
The application of legal protection to character works in cosplay varies in
different countries. Some countries such as the United States and Japan have a looser
view when it comes to the use of characters in cosplay, paying attention to the aspect of
"fair use" or "fair use" and respect for original work. To be considered "fair use” The
use must be alterative, which means the use must have a different result or a different
purpose than the original use (Leval, 1989). On the other hand, some European countries
implement stricter laws regarding copyright, which restrict the use of characters in
cosplay without permission. Nevertheless, legal protection of cosplay is still a
contentious topic in various countries, including in Indonesia. Studies in Indonesia show

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that legal protection against cosplay still faces obstacles in protecting the copyright of
animated characters and comics in cosplay (Medina, 2021).
Works protected under Article 40 paragraph (1) of the Copyright Law include
creative results in science, art, and literature. These types of works can be identified
through the various categories contained in the application of copyright. Some examples
of these categories include written works, other works, works of art, audio-visual works,
works of drama and choreography, photographic works, works of musical composition,
and recorded works (DJKI, 2020).
Explicitly, Article 40 paragraph 1 of the Copyright Law does not specifically
mention works such as costumes or cosplay as part of the scope of the Copyright Object.
However, when further analysed regarding the cosplay creation process, the initial
process of creating cosplay costumes involves the adaptation of certain character design
drawings. At this early stage, there is an effort to design or draw preliminary sketches
for costumes and accessories to be produced, which can then be poured in the form of
conventional or digital media. This drawing process is in accordance with the criteria
contained in Article 40 paragraph 1(f) which alludes to drawing as a form of copyright
object.
Making costumes and accessories for cosplay begins with the adaptation stage
of the costume design or sketch as well as the character design represented in the form
of drawings. Therefore, in this context, cosplay can be interpreted as an adaptation
process in which works are transformed into different forms, specifically from the image
of costume design designs or accessories into physical forms that can be worn by
individuals.
The provisions on the object of copyright for the act of adaptation of a work of
creation are regulated in article 40 paragraph 1 (n). Translations, interpretations,
interpretations, potpourri, databases, adaptations of modified arrangements and other
works of transformation. In the explanation contained in the letter n, the concept of
"adaptation" refers to the process of transforming a Creation into a different form. For
example, this can be observed when a work in book form is turned into a film.
In its manufacture, all steps in making cosplay costumes and accessories made
of non-fabric or non-leather materials, are done completely manually with human hands
(handmade). In this entire process, a touch of motifs and ornaments is added to the
surface of the costume or accessories, without involving machines. This process of

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creation is comparable to the production process of works of applied art, which also
involves human hands in giving an aesthetic touch to the work. Guidelines related to the
recognition of works of applied art as objects worthy of copyright protection are
regulated in Article 40 paragraph 1(g) (Ramadhan, 2021). The explanation of the letter
g about works of applied art, what is meant by "works of applied art" is a work of fine
art made by applying art to a product so that it has an aesthetic impression in having an
aesthetic impression in meeting practical needs, including the use of images, motifs, or
ornaments on a product.
Based on the explanation that has been previously submitted, although not
explicitly mentioned in the Copyright Law, Costumes and accessories that complement
them, especially in the context of Cosplay, have the potential to get copyright protection.
This is possible if the costume meets the criteria as 'work of applied art' or 'adaptation
of creation', which is stipulated in Article 40 paragraph 1 (letters n &; g). If it meets
these conditions, the Costume and its accessories may be considered an object worthy
of copyright protection.
Copyright protection will grant the creator of the Costume and its accessories
exclusive rights to control the use, reproduction, and distribution of the work. This
protection will apply throughout the life of the creator and even more than 70 years after
the death of the creator, provided that the work must be original or have obtained
permission from the relevant owner or licensee to be adapted.
4.2 COSPLAYERS' CHALLENGES IN UNDERSTANDING AND RESPECTING
COPYRIGHT AND BRANDS IN COSPLAY PRACTICES
The massive rise in popularity of Japanese animation or Anime created a certain
movement and exported the cultural form in another reflection of its fans in many
countries. It can be data such as movies, images, videos, or fan-made such as fan-sub,
fanart, fanfiction, or it can be in tangible forms such as clothing, merchandise, or
cosplayer costumes(Al-Farouqi et al., 2020). Cosplay is the practice of creating
costumes or props inspired by fictional characters and embodying those characters into
real-world spaces such as fan clubs(Scott, 2015). In cosplay practice, cosplayers are
often faced with challenges and obstacles in understanding and respecting copyright and
brands in the use of character and brand works. One of the main challenges is the lack
of understanding of legal restrictions on the use of character and brand works in cosplay.

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Many cosplayers who may not realize that unauthorized use of copyrighted works or
marks or marks may violate the law. This is especially true when cosplay used for
commercial purposes, such as selling photos cosplay or related merchandise (Khansa
Nabilah, 2021).
Furthermore, getting official permission from copyright and brand owners can
also be challenging for cosplayers. Getting permission can involve a complicated and
time-consuming process, especially if copyright and brand owners have strict policies
regarding the use of characters and brands in cosplay. This process may involve formal
authorization, negotiations with relevant parties, or royalty payments. For cosplayers
who simply want to express their dedication to a character or brand, this can be a
significant barrier.
Indonesians are still not familiar with the complexity of obtaining permission
from copyright or brand owners. Good education is still needed for the Indonesian
people related to use with permission from the right owner. And in general, Cosplayers
do not benefit economically from what they do.
4.3 COSPLAYERS IN UNDERSTANDING AND RESPECTING COPYRIGHT AND
BRANDS IN COSPLAY PRACTICES
Cosplay itself is in a legal grey area. Most cosplayers do not ask permission from
the owner of the artwork. Some art owners do not shy away from cosplay because they
market it to the public. This makes the cosplay market a festival to grow and exist today.
Indonesia has a thriving cosplay culture(Utami, 2022). The complexity of copyright and
trademark rules is also an obstacle for the cosplayer. Copyright and trademark laws vary
by authority, and it is often difficult to know exactly what is allowed and what's
infringing. Ambiguous rules and varied interpretations make the cosplayer difficulty in
understanding this complex legal realm. They often feel uncertain about the limits of
using character and brand work, and this can lead to uncertainty and concern (Kartika,
2017).
However, in response to the challenges and obstacles faced, steps have been
taken to create a balance between creative cosplay activities and legitimate trademark
use. In recent years, there has been a paradigm shift among some copyright and brand
owners, where they are increasingly aware of the positive value contained in the cosplay

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phenomenon. In many cases, they are more open to dialogue with the cosplay
community.
This is especially true if the use of a character or brand in cosplay does not result
in financial harm or damage the brand's image. This kind of understanding recognizes
that active participation in cosplay activities can provide additional benefits in terms of
promotion and popularity for a particular brand. Not only that, but some brands have
also decided to take it a step further by releasing official guidelines or cosplay usage
policies. This kind of guide provides clear guidelines and boundaries for cosplayers on
the correct way to use a particular character or brand in their costumes and
performances. With this guide, cosplayers have clear direction on how to keep the brand
name while still expressing their creativity.
Overall, these developments show that there is a real opportunity to create
mutually beneficial synergies between the cosplay world and brand owners. By moving
forward in the spirit of dialogue and collaboration, challenges around the use of brands
in cosplay can be overcome while still nurturing the diversity and creativity that
characterize the cosplay community.
5 CONCLUSION
Copyright and brand protection play a significant role in cosplay, where the use
of protected character works and marks may raise legal questions. In the context of
copyright, cosplay costumes and accessories could be considered part of works of
applied art as well as adaptations of creation. Both types of works cover areas protected
by the Copyright Law in accordance with Article 40 paragraph 1 letter g and letter n. As
part of the category of applied artwork, cosplay can be categorized as such because some
of its costumes and accessories are produced using non-fabric materials and decorated
with motifs and ornaments on the surface. As another example, cosplay can also be
classified as the result of adaptation of creation. This happens because in the process of
making costumes and accessories, a transfer of shape is conducted from sketch designs
or drawings of costume designs or characters into real forms that can be worn. In line
with this, cosplay reflects two aspects recognized in the Copyright Law, which refer to
works of applied art as well as adaptation of creations. Thus, cosplay costumes and
accessories can be recognized within the framework of copyright law, if the
requirements stated in Article 40 paragraph 1 letter g and letter n are met according to

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the needs. Although some countries recognize the concept of "fair use" in cosplay,
important for cosplayer to understand restrictions and communicate with the original
owner to avoid copyright and trademark infringement. The cosplayer face challenges in
understanding and respecting copyright and brands in practice cosplay, including a lack
of understanding of legal restrictions, the complexity of rules, and the difficulty of
obtaining official permission. Although some copyright and brand owners are more
open to internal use cosplay the cosplayer It is necessary to continue to deepen their
understanding and communicate with the original owner to avoid copyright and brand
infringement.

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