Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

[redsox4evur]

Quote: Originally Posted by Spaced Ace

Ridiculous. You'd think tattoo artists would be happy for the exposure.

What exposure? There isn't any because 2K does not say who created these tattoos? Nor do the players.

[Glenn33]

I'm just curious....why NOW? Tattoos have been in the game for as long as I could remember.

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[MontanaMan]

How don't the players own what's inked on their bodies though?

[headzapp]

I do art. I have work on a meditation album. They came to me and asked if they could use my picture. I said yes and didn't ask for money or anything. Only got a credit on it.
If I did a tattoo and it got on a game, I'd be excited. I'd use it as exposure.
People are too entitled and money hungry these days. Gives humans a bad name.
Old artist like Van Gogh took other artist's work and remade them in their way. These days you'd get sued for that. It's weird.
Just as that pizza joint that looked like the fallout face. They had to change their logo. How many more sales would Fallout get if it was allowed to stay? People would be like that looks like Fallout, I need to get the new one now that I think about it. Everything is money and mine, mine, mine.

[ksuttonjr76]

Curious. Are the artists claiming that the tattoos are "original" work? Original meaning Lebron (using him as an example) walked in, and selected it from a portfolio. To me, the tattoo artists can't have sole copyrights to a particular tattoo, because it would be a collaboration between the artist and Lebron. Hence, Lebron could/should be suing the artist for claiming it as his own creation.

When I got my tattoos, I didn't just lay down and let them create whatever they wanted on my body. Best believe, I gave my input to what my tattoo should look like.

Tattoos are a creation and interpretation of what the individual wanted.

[ksuttonjr76]

Quote: Originally Posted by redsox4evur

What exposure? There isn't any because 2K does not say who created these tattoos? Nor do the players.

And 2K Sports doesn't claim the tattoos as "theirs", but as a recreation of the players to whom they have the RIGHTS to use their likeness in their video games.

[redsox4evur]

Some information on copyright law:

From the thread about Colin Kaepernick a couple of years ago.
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.

[Rams_3]

Glad i get the pc version for the mods. Some very talented guys will put whatever tats are missing back on