Revisiting the Silvertop banana costume case Silvertop v. Kangaroo (3d Cir. 2019) held that a banana costume was both copyrightable and infringed: In holding that the costume was protectable, the Third Circuit reasoned: Although a banana costume is likely to be yellow, it could be any shade of yellow—or green or brown for that matter. Although a banana costume is likely to be curved, it need not be—let alone in any particular manner. And although a banana costume is likely to have ends that resemble a natural banana’s, those tips need not look like Rasta’s black tips (in color, shape, or size). Commenting on this reasoning, Jamie Boyle and Jennifer Jenkins said: So, while the court admits that a banana costume is likely to be yellow and curved, it says it could also be brown and straight. On Halloween, when your child goes out in her brown, straight, banana costume and her friends ask “why are you dressed up as a stick!?” she will be able to respond with a simple, terse explanation. “Star Athletica,” she will say. (It's not really Star Athletica that is the direct culprit, but the court's cramped understanding of scenes a faire/basic designs; Star Athletica just means that all the limiting work is done by idea/expression and similar doctrines, and the court misapplied Star Athletica's holding that the designer's intent is irrelevant to separability to the separate issue of whether the designer did something creative/original.) Anyway, the court has a possibly better argument: "copyrighting Rasta’s banana costume would not effectively monopolize the underlying idea because there are many other ways to make a costume resemble a banana. Indeed, Rasta provided over 20 non-infringing examples." So I decided to take a look at the record. First, there aren't "over 20"--there are 21 pictures, 2 of which are of a costume from Arrested Development. (I only used one of those two pictures.) Of the 20 costumes--treating minor variations as different costumes--3 are "sexy" bananas, a different 6 cover the face, 1 is a guy in a yellow suit with a hood, and 1 is an odd Wolverine. Maybe that's still enough to justify protection for Rasta's version, but the fact that no one noticed Wolverine in there suggests to me that principles of equity were doing more work than copyright principles. On the other hand, the court isn't really suggesting that noninfringing costumes need to be straight and brown or green. Yay?
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How This Costume Designer Collaborated with Park Chan-wook on 'The Sympathizer' https://ift.tt/LEI9yqF The Sympathizer is Max's newest period satire, based on a Pulitzer-winning novel by Viet Thanh Nguyen. It follows the Captain (played by Hoa Xuande), a double agent working with the CIA and the Communists after the end of the Vietnam War. The show, created by Don McKellar and Park Chan-wook, is a sharp, twisty journey of double-crosses and clashing cultures. A huge part of that journey relies on on the stunning period costumes provided by Oscar-nominated designer Danny Glicker. His designs reflect so many things—class, time, location, emotion, character, and more. And it was clear, as I chatted with him via Zoom, and he and Director Park were incredibly thoughtful about how a character's dress can show so much about who they really are, even if they're pretending to be someone else. We had an amazing conversation, and he offered some incredible insight on his process and the secrets you can find in the costumes of this espionage story. Enjoy. The Sympathizer | Official Trailer | Max www.youtube.com Editor's note: The following conversation has been edited for length and clarity. No Film School: I would love to know first of all what your path was like and how you got started as a costumer. Glicker: My path to becoming a costume designer has been kind of roundabout, I think like most people in the business, I've always loved film and theater and I really love character. And I was really always looking to the costumes as a sort of pathway, a doorway, a portal into the soul of the character. And it's sort of a confusing path because I loved the clothes and I loved the history of the clothes and I loved the story of the clothes, but I was not really very interested in pursuing a career in contemporary fashion, not what I was interested in. I personally love fashion, but that's not what I wanted to do. And so the more I learned about filmmaking and the more I learned about storytelling and character building, I realized what I loved was clothing as a language to express the deeper truth of the character. And for me, clothing is sometimes what I refer to as a delivery system. I use the clothes to very importantly create a truthful physical environment for the actor to experience the world in. I use the clothes to express to the audience the situations that the characters are experiencing and just as importantly the context of the surrounding world. So what my character wears is usually speaking to or in conflict with the environment of clothes that I provide with everyone else in the whole movie. And so I really view the clothing as a deeply personal and emotional expression of character and of worldbuilding. NFS: What excited you about working on The Sympathizer? Glicker: First of all, I mean, getting a phone call to work with Director Park Chan-wook is about as exciting as a phone call as any designer can get, because in the...
How This Costume Designer Collaborated with Park Chan-wook on 'The Sympathizer' https://ift.tt/LEI9yqF The Sympathizer is Max's newest period satire, based on a Pulitzer-winning novel by Viet Thanh Nguyen. It follows the Captain (played by Hoa Xuande), a double agent working with the CIA and the Communists after the end of the Vietnam War. The show, created by Don McKellar and Park Chan-woo...
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What Is a Costume Designer? https://ift.tt/jVD3zA7 Do you know what can bump me from a movie or TV show's story? Bad clothes on film. What a character wears makes them authentic and adds an aura of believability. That's why making costumes for movies and TV shows is one of the most important jobs on set. Costume designers are crucial to the worldbuilding of any project. But what exactly do costume designers do? And how much do they make? And how can you become a costume designer? If you have a lot of questions about this job and other jobs inside the film crew, you've come to the right place. Today, we're going to define a costume designer, research some famous costume designers, and get to the bottom of their responsibilities in movies and TV. We even have some tips from pro film and TV costume designers. So, let's get started with the most basic of questions. What Is a Costume Designer? A costume designer is a person tasked with creating the costumes for a film or TV show. They envision and create the characters' outfits or costumes and make sure they have a balance on camera and reflect the personalities and aesthetics within the movie. Costume Designer Job Description The costume designer works with the director, writer, cinematographer, and set designers (as well as other creative personnel) to capture the look and feel of the movie or show. They make sure the clothing every character wears feels like it belongs in the story and gives them some personality. They will also not just pick clothing off a rack. Many times, costume designers must create these clothes from scratch. That means sketching out images and experimenting with different colors and patterns until they are camera ready. 'Marie Antoinette' Credit: Columbia Pictures What Does a Costume Designer Do? A costume designer is responsible for everything worn by the cast in a movie or TV show. They sketch and create the things characters wear in movies and TV shows. They work in tandem with the creative team to make sure all the costumes look good on camera and make alterations on the fly. They're there to create a consistent look and to help build the world of the story. They bring authenticity forward. Costume Designer Tools When it comes to the tools of the trade, you're going to want to start with a sketchbook and some colored pens or pencils, so you can give a rough estimate of what the final costume will look like. Nowadays, much of this is done with a stylus and a tablet, so images are easily shared. Aside from that, you want some costume-specific tools, like a tape measure, scissors, tailor's chalk, pearl headpins, a dressmaker dummy, and a sewing machine and thread. 'Mad Max: Fury Road' Credit: Warner Bros. The Types of Costume Designers There are three main types of people who do costumes for film and TV. Remember, costume designers are the secret heroes of cinema. Freelance Costume Designers—these people jump from different productions,...
What Is a Costume Designer? https://ift.tt/jVD3zA7 Do you know what can bump me from a movie or TV show's story? Bad clothes on film. What a character wears makes them authentic and adds an aura of believability. That's why making costumes for movies and TV shows is one of the most important jobs on set. Costume designers are crucial to the worldbuilding of any project. But what exactly do...
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Costume Designer Richard Cooke Takes Us Through His Work on 'Joan' https://ift.tt/NRM9lUJ The costumes in a particular TV show or movie can be the gateway to getting the audience to buy into the world. They add so many layers and detail to characters and can influence the emotion and audience in any scene. Some costumes that really stood out to me are from the recent show Joan, and they were done by seasoned costume designer Richard Cooke. Richard's meticulous design for Joan is rooted in extensive research and a deep dive into her character evolution, inspired by Joan Hannington's autobiography, I Am What I Am. Fashion magazines, vintage photographs, and authentic period clothing breathed life into Richard's vision. The 90 costumes crafted for Sophie Turner's portrayal of Joan showcase Richard's ability to maintain a cohesive wardrobe across a vast spectrum of styles. His work is a testament to his dedication to capturing the essence of Joan's remarkable life through fashion. Check out our interview with him below. Editor's note: the following interview is edited for length and clarity. - YouTube www.youtube.com No Film School: You have over 30 years of experience in costume design. How has your approach evolved over the years, and what drew you to Joan? Richard Cooke: When I graduated from art school in 1995 with a degree in costume design, I thought I was a costume designer, but I wasn’t. It’s taken years of ‘hands-on’ experience, working every position within a costume department to get there. You name it, I’ve done it, and it’s ultimately led me to where I am today. With each job, you learn something new, whether in terms of knowledge, practical skills, or something about yourself; you’re forever evolving, which I think is exciting and why I can’t imagine having any other job. There were several factors that drew me to Joan. The Director Richard Laxton, with whom I have a great creative working relationship, an amazing and quite fantastical true story, the 1980s and the opportunity to work with Sophie Turner. NFS: What was it about Joan Hannington’s story that resonated with you and inspired your design choices for the series? Cooke: What resonated most was that Joan was a real and complex person, so it was important to show all facets of her personality; Mother, Lover, Liar, Thief, with each aspect requiring careful and considered treatment. In the beginning, with Joan as a Mother, I used softer colors and fabrics that were reflected in her daughter Kelly’s clothes to create a bond. As a Lover, it was about introducing a new sensuality and allure through silks, satins and stronger colors. As Liar and Thief, it’s about disguise, transformation, a growing confidence but also about layers of protection. NFS: Can you describe your process for developing Joan’s character through her costumes? What key elements did you focus on? Cooke: At the heart of the creative process is the relationship with the actor. I first met...
Costume Designer Richard Cooke Takes Us Through His Work on 'Joan' https://ift.tt/NRM9lUJ The costumes in a particular TV show or movie can be the gateway to getting the audience to buy into the world. They add so many layers and detail to characters and can influence the emotion and audience in any scene. Some costumes that really stood out to me are from the recent show Joan, and they...
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How characters, costumes, and narratives form the crux of period cinema. Veteran costume designer Pia Benegal and actor Rajit Kapur highlight the contribution of costume designing in nuanced storytelling. From Mughal-e-Azam to Bajirao Mastani, period dramas have evolved into more than just historical narratives. They have become stories that delve deeply into character development and have entered the consciousness of viewers. As such, character development plays a significant role in driving the narrative forward. In this context, costume design is integral in setting the historical backdrop and enhancing the depth of the characters. It allows viewers to connect with the time, place, and culture of a narrative while deepening their understanding of the characters. Pia Benegal, who has worked across television and films for the last three decades, has been instrumental in elevating the craft of costume design. Some of her notable works include The Making of The Mahatma, Mujib: The Making of a Nation, Aligarh, Bose: The Forgotten Hero, Mammo, and Zubeidaa. Interestingly, Benegal has worked closely with actor Rajit Kapur (of Byomkesh Bakshi and The Making of The Mahatma-fame) in many projects helmed by her father, the legendary Shyam Benegal. The Making of the Mahatma, a documentary based on Fatima Meer’s book The Apprenticeship of a Mahatma, unfolds Gandhi’s journey from a young, relatively unknown lawyer to becoming the iconic leader of India’s independence movement. The session took us back in time through a montage of clips that showcased this trajectory. Benegal pointed out that costume design includes everything—from sourcing, inventory, budgets, and a whole lot of planning. “During the making of The Making of the Mahatma, it was quite a challenge because the budgets were limited. But what was expected was much bigger than that. All the costumes had to be made in India and then carted across to South Africa,” she says. “We had to plan for any kind of eventuality or last-minute requirement.” Trunks with pre-stitched costumes and uncut fabric were carried to the filming destination. Additionally, footwear, headgear, and other accessories were also packed. Benegal created a grid of what Gandhi looked like in India and how his choice of clothes changed when he moved to South Africa. Once again, when the freedom fighter returned to India after 20 years, his life philosophy had transformed. Yet again, his costumes changed. “When actors moved from one location to another, the requirement was different, and figuring it out scene-wise was a task. But it was a rewarding film at the end of the day,” she adds. Read more at: https://lnkd.in/gRMQkTnS
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【Relay Column: Intention in Costume, or the Beloved Profession (Haruna Aikawa)】 I received a baton from Yasuhiro Ito, whom I have been working with behind the scenes of opera for a while, and I am going to write an article. I am Haruna Aikawa. As a costume designer, I mainly create costumes for opera stages. In this article, I would like to discuss the theme of 'the effect of costumes in opera (and theatre)'. Before I begin, considering that this series is themed on 'Fashion & IT', I want to briefly explain the difference between fashion and costumes, according to my understanding. While fashion is a manifestation of one's self, expressing how we want to be seen by others, a costume only carries the intention of what we want to show to others. However, that doesn’t imply that fashion and costumes are different things. A costume designer expresses their own opinion by imagining what the character would wear and how to show that to the audience. In this sense, it would be better to say that the costume designer imagines the character's ego and thinks about fashion. With this in mind, I believe that costumes on stage, in opera (or on stage in general), have two effects. ...please read the continuation of this column here. Article link 🔗 https://lnkd.in/gSky9wM2
Relay Column: Intention in Costume, or the Beloved Profession (Haruna Aikawa) | Fashion Tech News
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As I aim to become a costume designer for theatrical productions, I’m diving deep into the fascinating intersection of fashion and economics this semester. One concept that has stood out to me is elasticity—specifically, how the uniqueness of a design influences its demand. In costume design (and fashion as a whole), there’s a delicate balance between following trends and infusing your creative vision. The more unique and innovative a piece is, the more demand can become inelastic. If my designs stand out, customers (or, in my case, the director) may be less sensitive to pricing. #Mereditheconomics
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How This Costume Designer Updated Jedi Robes for 'The Acolyte' https://ift.tt/uT5Vh7t We're always excited to see a new Star Wars project—especially when Amandla Stenberg and Lee Jung-jae are involved. How could you not be amped for The Acolyte? And when we get to speak with part of the creative team, like costume wizard Jennifer Bryan, we're even more excited! As we learned speaking with her via Zoom, she comes from the world of contemporary TV with credits like Better Call Saul and Breaking Bad under her belt, and this was an exciting opportunity for her to flex different muscles. We were able to ask about some of the new looks for the Jedi Knights, how she builds world and character through costume, what it's like pitching to Kathleen Kennedy, and more. Let Bryan take you to hyperspace with her interstellar advice! The Acolyte | Official Trailer | Disney+ www.youtube.com Editor's note: The following conversation has been edited for length and clarity. NFS: I am a big Star Wars fan. I don't know if you were when you got this project. Bryan: I was just in the general population of having seen some Star Wars movies. I wasn't a super nerd, but of course I am now. NFS: That's going to be my first question then. This being an established universe, how do you approach the work of designing costumes? Bryan: It's a first for me in terms of doing a project that is worldbuilding from scratch. I was very, very excited. I come from contemporary television. Somebody asked me that, about making that jump from contemporary to fantasy sci-fi, and I told them—costume designers, her toolbox has to be very wide, because you never know what you're going to be presented with as a work challenge. Especially if you've been trained, formally like I have, you need to be able to catch whatever comes at you. I'd always wanted to do worldbuilding sci-fi, deep imagination, and things that you really have to come out from the well of your creativity. And this show provided that for me. NFS: One thing that I noticed immediately was your spin on the Jedi robes. I'd love to hear you talk about how you arrived there and what your process was. Bryan: I started my prep in the States and then eventually went over in June, and I had my first big presentation to Kathleen Kennedy. And when I was doing my research, I thought, "Wow, the colors of the Jedi!" I'm a colorist, that's one of the tools that I rely on heavily when I'm designing regards to what the period is. If I can bring color into it that's appropriate, I'll do that. So I started doing my presentations, and I know the Jedi are already in the iconography of Star Wars, but because the timeline was before, a hundred years, I had a hundred-plus years out. Almost prequel-like. I knew I had some leeway. I took a stab. I thought, "I think the Jedi uniforms and color palette could be a little different, not too far off, but a little different from what we've known." So what I proposed, and Kathleen Kenn...
How This Costume Designer Updated Jedi Robes for 'The Acolyte' https://ift.tt/uT5Vh7t We're always excited to see a new Star Wars project—especially when Amandla Stenberg and Lee Jung-jae are involved. How could you not be amped for The Acolyte? And when we get to speak with part of the creative team, like costume wizard Jennifer Bryan, we're even more excited! As we learned speaking with ...
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Three minutes, two cocktails, one portrait. When I learned that jazz legend Wynton Marsalis was visiting the Foreign Correspondents’ Club in Hong Kong for a Q&A, I saw an opportunity. While eager to document his talk, I envisioned something bigger: a portrait to hang in Bert’s, the club's jazz bar, honoring his legacy. With just two days from approval to shooting, I had so many questions: would he know he was being photographed? Would he be in a good mood? Would he have his famed trumpet in hand? There were so many unknowns and I wanted so badly to get this right. I’m always nervous before a shoot. I expect it. I hate it, but I expect it. Few people get to see me in this state of anxiety. But it drives me. It drives me to visualize what will happen, to conceptualize creative ways to tell my subject’s story, to prep my gear, and to be ready for the moment of truth. I spent an hour setting up, but my initial test shots were unsatisfactory. Then the atmosphere changed as the staff prepared the space for dinner, igniting my creativity. With dimmed lights, jazz lamps, and the shiny black tabletops contrasting with the warm light coming through the blinds, my vision became clear. He arrived. I was hoping for 10 minutes with him. I was told I had five. I greeted Mr. Marsalis and shared my concept with him. I like to do this with clients as a way to connect, to get their buy-in, and to offer them a chance to share their ideas. He had no notes. Well, he had one: I had ordered him a Sazerac, a cocktail from his hometown of New Orleans. This was equal parts a birthday toast (his, not mine), a prop, and a way to break the ice. It certainly delivered, as Mr. Marsalis lightheartedly informed me that he was allergic and would instead prefer a whiskey, neat. Now I was down to three minutes. After a few test shots and adjustments, my vision became a reality. Before I could transition to another spot as a backup, I was told that my time was up. I thanked Mr. Marsalis and, as he turned away, I felt a flush of accomplishment. The anxiety was worth it. The planning had paid off. We had our portrait. There are so many things that go into photo shoots that remain unseen to most: the planning, the logistics, the creative vision, the equipment, the people, the stress, the luck. It’s not just a photo. It’s so much more. I’m grateful for everyone who helped make this happen and I’m eager to see Mr. Marsalis’ portrait hanging alongside other great jazz legends. Happy birthday, sir. Thanks for the gift.
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Fashion in Film: How Costume Design Shapes Character and Storytelling Costume design plays a crucial role in film, extending beyond mere clothing to become a vital component of storytelling and character development. Through the careful selection and creation of costumes,… #fashionandfilm >>> Read more
Fashion in Film: How Costume Design Shapes Character and Storytelling
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