Colin Kaepernick Will Be the Only Player in Madden NFL 15 with Tattoos

[mf756193]

I am completely baffled at how the majority of you cannot comprehend this. The NBA, UFC, etc. has NO policy/rule that states a player must get their tattoo artist to sign a waiver in order for their tattoos to show up in a video game. However, the NFL requires this because they were sued in the past. This is 100% on the NFL and has nothing to do with EA Sports.

Some of you need to take the time to read and do some research before blatantly ripping EA when they did not make this rule. The NFL is making sure they are not liable for any future litigation. A tattoo artist who inked up an NBA player could (if they wanted to) sue the NBA right now because they have no such rule in place.

http://www.polygon.com/2013/1/10/3859356/tattoo-artist-suing-ea-over-depiction-of-nfl-players-tattoos-in-2004

[RipCityAndy]

Quote: Originally Posted by CM Hooe

A photograph of a person with a tattoo is absolutely not the same thing as the artistic recreation of the art of the tattoo.

Copyright law disagrees with you. Even though a photo of the tattoo is technically different from a graphical rendering, they are treated the same.

See 17 USC 102 - Scope of copyright. Clearly covers pictorial and graphic works under a(5).
See 17 USC 106 - Exclusive rights in copyrighted works . Specifically see sections (1) and (2). FYI, a derivative work is a "work based on or derived from one or more already exist- ing works. Common derivative works include translations, musical arrange- ments, motion picture versions of literary material or plays, art reproductions, abridgments, and condensations of preexisting works." A graphical representation of a tattoo is either an art reproduction, or in the alternative an "abridgment."

EA is SMART for not illegally recreating a tattoo. What's wrong with not wanting to get sued?

Also, as a bit of irony, the importance you are all placing on tattoos makes a lawsuit against the NFL, NFLPA, etc. more lucrative for the IP holder because it shows a high monetary value of the intellectual property at issue = more damages.

Some other things to be considered:
1) If the tattoo is non-original it doesn't need to be approved by the tattoo artist. See 17 USC 102 (a). So, if a player has a tribal tattoo that is a reproduction of a tattoo that dates back hundreds of years, the tattoo artist has no IP rights.
2) Does the player own the tattoo IP in the first place? See 17 USC 201(b) Works made for hire. In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright. I'm curious (having no tattoos) if a tattoo artist retains the IP rights with a written instrument.

[vpizzle28]

After reading multiple articles it seems to me that Colin went out of his way to do this. He wanted to set the tone. Props to him. As far as the NBA, UFC, and WWE are concerned, those players/athletes market themselves like crazy. Bird-Man had to do the same thing for NBA 2K.

Funny to me that no one noticed they added in the QB play selection band on his arm. Nice!

[infemous]

Quote: Originally Posted by JKSportsGamer1984

Yeah but if that's the case, why even bother putting tatts in the game at all if you're EA? If you're not going to be able to get all or at least 75% of the players to have tatts then why only have them for a few players? It'll look extremely awkward if Kap is the only player in the game with tatts.

I think its a good start.

I'm not ready to praise them for it, because I doubt whether the game will look like that when you're playing it, but what difference is having one player having a tattoo vs none having? It won't ruin the immersion just because one guy doesn't have it.

Its also good because it opens the door for other players to get them in if it means that much to them.

I wonder how proud Jake Long will be of his awful tats… haha

[infemous]

Quote: Originally Posted by vpizzle28

After reading multiple articles it seems to me that Colin went out of his way to do this. He wanted to set the tone. Props to him. As far as the NBA, UFC, and WWE are concerned, those players/athletes market themselves like crazy. Bird-Man had to do the same thing for NBA 2K. Funny to me that no one noticed they added in the QB play selection band on his arm. Nice!

this is also huge for his personal brand, especially just getting the contract he just got. I think this is the main reason he really sought that out.

[hanzsomehanz]

Quote: Originally Posted by roadman

I think you were referring to me with the "impeccable timing" pharselogy. The tatts don't mean much to me, but to others they do for the authenticity, so, I wasn't so much focused on the tatts vs Kap in the news yesterday for signing a big honking contract and showing off the new player model. Just to set everything straight, the marketing of Kap(he could have been w/o the tatts) was impeccable to me before E3.

Its all good, Road, there is a party of people who will side w both points: I was just sharing my side of the view.

I also personally feel that the Kap signing is overshadowed by the Cover Vote finals between Sherm and Cam in reapect to Madden publicity.

I just do not see the positive impact this image has on pulling scores more people on the Madden hype train esp w no press release attached and now the underwheming news that only he will sport auhentic tats.

Sent from my SGH-I727R using Tapatalk

[Cowboy008]

That is disappointing that he will be the only one with authentic tattoos. I hope they didn't wasn't a lot of time on it since he is the only one with them. This also has me wondering will created players have generic tattoos that you can give them?

[Brooke2011]

It seems then that players in the nfl have dropped the ball on thier own likeness .......it is well known that players seek out thier video game counter part to see how they resemble them in real life. If this is true , then this falls on the players as much as EA for not lighting a fire sooner in securing the rights to implement the tattoos on as many players as possible before launch.

On another note. The lighting texture and player models are night and day from last year.....hoping of course that that pic is of actual in game footage and not rendered.