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View Full Version : Makers of NBA2K sued for using players' tattoos without permission



Draz
02-04-2016, 09:52 PM
A company that owns the right to tattoos on NBA players is suing Take-Two Interactive and Visual Concepts, makers of the popular video-game franchise "NBA2K," for graphically representing those tattoos on NBA players without its permission.

Solid Oak Sketches filed suit on Monday in New York federal court, saying that particular tattoos depicted on players in the recent game NBA2K16 was the company's copyrighted work.

The eight infringed-on designs include a child's portrait and script scrolls with clouds and doves on LeBron James' forearms and butterflies on Kobe Bryant's arm.

Solid Oak Sketches got the copyrights to most of the tattoos last year and, as evidenced by exhibits submitted in the lawsuit, had written letters to the video game company to make an arrangement so that the tattoos could be used in the game. Solid Oak offered to Take-Two a license to the tattoos for $1.1 million.

"It's clear that they knew that this was something that was to be negotiated," said Darren Heitner, whose firm, Heitner Legal, is co-representing the plaintiff.

Calls placed to representatives for Take-Two Interactive were not immediately returned.

This is not the first time a tattoo artist has sued a video-game maker for using his work on an athlete without permission. Tattoo artist Victor Escobedo was awarded $22,500 for his lion tattoo that was portrayed on UFC fighter Carlos Condit without his permission in THQ's "UFC Undisputed" game. Escobedo had originally asked for $4.1 million.

Worried that they might be party to a lawsuit, the NFL Players Association told players in 2014 that, in order for their tattoos to be represented on merchandise, including video games, they needed to get waivers from the artists.

All of Colin Kaepernick's tattoos were subsequently represented in Electronic Arts' "Madden 15" game when Kaepernick got permission from the two artists who did all the work on his body: Nes Andrion of Endless Ink in Reno, Nevada, and Orly Locquiao of Humble Beginnings in San Jose.

Heitner said it is assumed that, without waivers, the tattoo artist is the owner of the work even if it is put on an athlete's body.

Source: http://espn.go.com/nba/story/_/id/14693836/makers-nba2k-sued-graphically-representing-tattoos-players-permission

:lol You're kidding me?

Draz
02-04-2016, 09:57 PM
It's almost like the tattoo artists own a piece of these athletes bodies now. :lol
That's equivalent to a barber saying he owns that hairstyle :rolleyes:

Marv_Albert
02-04-2016, 10:14 PM
This is when Lebron and Kobe should step in and call this a joke, they own the tattoos and bought them. how ridiculous, people try to make money anyway and how these days through a lawsuit.

warriorfan
02-04-2016, 10:19 PM
the creative rights to the tatoo should be transfered to the person who has it on their body after the service is paid for

Draz
02-04-2016, 10:19 PM
It's America. You can sue for anything. Literally.

kNIOKAS
02-05-2016, 04:23 AM
Hello TTP

big baller
02-05-2016, 04:37 AM
In the article, it says last time a guy sued for 4.1 million and ended up settling for 22.5k. I'm thinking this is just to cash in at any amount, the 1.3m is unattainable though.

DCL
02-05-2016, 07:48 AM
from an ana! legal standpoint, they probably have a case if it's copyrighted.

but from a practical standpoint..... get da f--k out of here.

jamal99
02-05-2016, 08:08 AM
It's just marketing. Now everyone will know where famous NBA players get their tattoos..

lilandywiggins
02-05-2016, 12:21 PM
It's almost like the tattoo artists own a piece of these athletes bodies now. :lol
Yeah, ridiculous. I know it was their artistic creation, but they sold it. If you make a painting, then sell it, the artist no longer owns the property.

DukeDelonte13
02-05-2016, 12:27 PM
It's America. You can sue for anything. Literally.


Yep.

Doesn't mean your case won't get thrown out, but If i wanted I theoretically can sue you for causing emotional distress to a hamster my cousin owned 15 years ago by reading it a scary story.

You can get slapped with sanctions for filing ridiculous claims, paying the other side's legal fees, plus expensive filing fees, and you open up the possibility for counterclaims.


The system works pretty well. People sensationalize crazy law suits but in reality they are quite few and far between and don't go well for the Plaintiff. Normal lawsuits don't make the headlines.