Commons:Requests for comment/Costumed character files

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User:Abzeronow closed the Commons:Deletion requests/Files uploaded by Sahaib without there being a wider discussion on the files in Category:Characters at Disney Experiences, which I requested twice. I have already told them on their talk page that I am considering an undeletion request because another problem I see with this is that each image was different so there should have been more nuanced discussion about what exactly COM:COSTUME means. As I say if users agree that the images (or at least most of them) should be deleted, then similar images should also be deleted for consistency. Sahaib (talk) 07:25, 14 October 2024 (UTC)[reply]

Posted on COM:VPC for transparency and potentially expand reach of this RfC. I followed what I understood of COM:Costume in the DR since these are Disney employees in costume, and most of them were the animal characters with masks that would be considered copyrighted under COM:Costume. Abzeronow (talk) 17:51, 14 October 2024 (UTC)[reply]
It may be helpful to draw a line between stage clothing (like Cinderella or Mary Poppins) and mascot costumes (like Mickey / Minnie Mouse and Donald Duck). The latter are more akin to wearable sculptures than articles of clothing, and seem much more likely to be copyrightable. Omphalographer (talk) 21:50, 14 October 2024 (UTC)[reply]
@Omphalographer: Some of the images I uploaded weren't nominated such as in the categories Category:Ariel at Tokyo DisneySea, Category:Chip 'n' Dale at Tokyo DisneySea, Category:Donald Duck at Tokyo DisneySea, Category:Edna Mode at Tokyo DisneySea, Category:Elastigirl at Tokyo DisneySea, Category:Fifer Pig at Tokyo Disneyland, Category:José Carioca at Tokyo DisneySea (two of the images aren't mine), Category:Mr. Incredible at Tokyo Disneyland. Sahaib (talk) 04:14, 15 October 2024 (UTC)[reply]
These involve character copyrights. For previous discussions, see Commons:Deletion requests/Image:Donaldduck-thespiritof43-2.jpg, Commons:Deletion requests/File:Superman-fleischer.jpg, Commons:Deletion requests/Files in Category:Fleischer and Famous Studios Superman images, Category talk:PD Cartoon - Superman#character copyright, Commons talk:Derivative works#Character copyright status, and Commons:Deletion requests/File:"Appreciate America. Come On Gang. All Out for Uncle Sam" (Mickey Mouse)" - NARA - 513869.tif#File:"Appreciate_America._Come_On_Gang._All_Out_for_Uncle_Sam"_(Mickey_Mouse)"_-_NARA_-_513869.tif_3.   — 🇺🇦Jeff G. please ping or talk to me🇺🇦 16:02, 15 October 2024 (UTC)[reply]

 Oppose deletion of such images. IMO, the {{Costume}} disclaimer is sufficient for the overwhelming majority of such cosplay images - licences apply to the photograph, not to the character itself which may be cosplayed in the photograph. I wonder if there ever have been any cases of copyright holders of cosplayed characters complaining about free licence cosplay images. ~TheImaCow (talk) 21:50, 16 October 2024 (UTC)[reply]

Deletion of which images? All of them? The whole point of this RfC is to have a discussion about the nuances that were glossed over in the original discussion, not to just gloss over them again. Nosferattus (talk) 21:58, 6 November 2024 (UTC)[reply]

According to the U.S. Copyright Office, masks that are "pictorial and/or sculptural" are always copyrightable. So images that depict such masks should be deleted. The situation with clothing as costume is more complicated. Nosferattus (talk) 22:01, 6 November 2024 (UTC)[reply]

Thanks for finding that policy decision. With this in mind, it seems a fairly clear conclusion that the mascot costumes depicted in images like File:Disneyland Paris Halloween Parade 12.jpg are indeed copyrightable works - particularly as they would be "independently recognizable and capable of existence" (p. 3) as freestanding sculptures. (Indeed, I'm not certain whether the Donald Duck in that photo is a costume or not.) Omphalographer (talk) 23:53, 6 November 2024 (UTC)[reply]
 Delete per nom and Omphalographer.   — 🇺🇦Jeff G. please ping or talk to me🇺🇦 00:05, 7 November 2024 (UTC)[reply]