Cosplay Wars: The Legal Implications of Fan Costume Competitions

Posted on Categories Intellectual Property Law, Popular Culture & Law, PublicLeave a comment» on Cosplay Wars: The Legal Implications of Fan Costume Competitions

This past weekend, I attended the annual Milwaukee Mighty Con, a local comic convention.  While there, I watched one of the cosplay competitions where competitors dressed in fantastical recreations of iconic characters such as Star Wars’ Kylo Ren.  Yet while observing the competition and enjoying the efforts of the competitors, I pondered the legal implications of these derivative works.

But first, a little backTwo people dressed in costumesground information is in order.  The term “cosplay” was created by Takahashi Nobuyuki in 1984. Nobuyuki attended a science fiction convention in Los Angeles, and he was so impressed with the fans’ costume competition that he wrote about his experiences upon returning to Japan. Yet, no word in the Japanese language accurately represented the costume competition Nobuyuki saw. To remedy this predicament, Nobuyuki combined the Japanese equivalents of “costume” and “play” to describe what he saw.  This created the word “kosupure,” which in English roughly translates into cosplay. Today, this term universally refers to a fan’s wearing of costumes, props, and accessories to represent a character often originating from video games, comics, movies, and TV shows.  By extension, the individual who imitates the character is known as a cosplayer. Now, some cosplayers, like the competitors at Milwaukee Mighty Con, can have a monetary benefit from winning cosplay competitions.  Such monetary gains naturally bring up concerns regarding the copyrights and trademarks on the imitated characters.

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Mitigating Climate Migrants Crisis With Hybrid Status

Posted on Categories Immigration Law, PublicLeave a comment» on Mitigating Climate Migrants Crisis With Hybrid Status

Previously, I wrote about how the U.S. has no legal instrument that provides legal status for climate migrants.  The lack of such status incentivizes climate migrants to enter or remain in the U.S. illegally. Thus, to mitigate the effects of the migrant crisis, I propose that the U.S. adopt a new legal status tailored to climate migrants. Specifically, I propose a unique hybrid status for climate migrants, which combines aspects of refugee status and temporary protected status (“TPS”).[i] At a minimum, such status must have three key elements for legislation to appropriately address climate migrants: (1) a narrow definition of “climate migrant”, (2) mandatory application of legal status, and (3) conferral of the same rights refugees’ receive.[ii] Continue reading “Mitigating Climate Migrants Crisis With Hybrid Status”

Facing Extinction: Climate Migrant Crisis

Posted on Categories Environmental Law, Human Rights, Immigration Law, International Law & Diplomacy, Public, Water LawLeave a comment» on Facing Extinction: Climate Migrant Crisis

Map showing the continents of the the planet Earth with coastal areas marked in red highlighting the effect of a 6 meter rise in sea level. In recent days, President Trump has declared that he would have the United States withdraw from the Paris climate accord.  Business leaders like Elon Musk of Tesla have said that this decision would ultimately harm the economy by yielding the jobs of the future in clean energy to foreign competitors. I argue that withdrawing from the Paris climate accord also serves to exacerbate the climate migrant crisis that will inevitably hit American shores.

The global environment has long impacted migration patterns. For instance, humans have historically left places when deteriorating conditions threatened their survival. However, accelerated effects from climate change are expected to bring about significant and unprecedented changes to global migration patterns. Climate change is rapidly destabilizing global environments,(1) resulting in increasingly more common rising oceans, longer and more frequent droughts, and higher temperatures.(2)  Consequently, changes to global environments will inevitably dislocate people from their homes and nations. In fact, many communities have already started to suffer from the disastrous consequences of climate change. For example, in Gabura, Bangladesh, many of the three thousand people who live in this coastal region have been forced to move their homes onto skinny, man-made embankments to flee the rising ocean.(3)  Yet because of increasingly cramped conditions and dwindling resources, villagers are unable to work, farm, and live as they traditionally have.(4)  Unfortunately, there is no relief in sight, as scientists predict rising waters will completely submerge Gabura and at least seven percent of all Bangladesh before the end of the century.(5)  Parallel stories of growing displacement caused by rising sea-levels,(6) more frequent droughts,(7) and retreating sea ice(8) are found in ever increasing numbers all around the globe.

As nations debate the causes and treatments for climate change, people everywhere are struggling to adapt to new environmental realities. Regrettably, for many adaptation will mean leaving their countries to survive. Such people who are induced to leave their home country because of the climate change are referred to as “climate migrants”.(9)  Presently there is little empirical research to provide anything more than a rough prediction of population displacement that will occur because of climate change.(10)  In fact there is a wide variety of predictions; however this does not undermine the urgency to address the climate migrant crisis. For example, Christian Aid, a British organization that actively provides refugee assistance, predicts that the global number of displaced people may rise to more than one billion by the year 2050, in large part due to climate change.(11)  In comparison, ecologist Norman Myers reports that up to 200 million people may be become climate migrants by the end of this century.(12)  Despite the lack of empirical research, what is certain is that global warming will lead to massive population displacements and climate migration at numbers never before witnessed.(13)  Such displacement will almost certainly lead to extinction of peoples and cultures. Continue reading “Facing Extinction: Climate Migrant Crisis”