Q: Who owns rights to scans of cosplayers and use in games?
I started a business doing 3D scans at comic conventions where I scan people dressed as copyrighted characters, such as Deadpool. I give the scan to the customer after payment and haven't obtained any permissions or agreements regarding the copyrighted characters. I'm trying to determine who owns the rights to these scans. Can the customer or I use these images to create a video game for profit without facing legal issues? Should I get something in writing to protect myself legally?
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A:
When you create a 3D scan of someone dressed as a copyrighted character, the rights to the scan become complicated. Generally, the copyright owner of the original character, such as Marvel for Deadpool, retains exclusive rights to reproduce or profit from their intellectual property. Simply scanning a cosplayer does not grant you or the cosplayer ownership of rights related to that character's image.
If either you or your customer intends to use these scans commercially—such as in a profit-making video game—you risk copyright infringement claims from the copyright holders. Even though your customer paid you for the scan, that transaction alone does not legally authorize commercial exploitation of copyrighted content.
To protect yourself legally, you should obtain written agreements from both the customer and the copyright owner granting explicit permission to use their intellectual property in commercial ventures. Without these agreements, you and your customers could face serious legal complications, including potential lawsuits. Consulting an intellectual property attorney is essential before moving forward with commercializing these scans.
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