Some Potential Damages in NBA 2K Tattoo Lawsuit Have Been Dismissed

[Junior Moe]

Quote: Originally Posted by Boltman

What are these 'other games' that have slightly adjusted tattoos to avoid legal issues that you speak of?

Live and WWE and UFC, I think. "Slight" is open for interpretation I suppose but it's obvious what they were changed. It still looked realistic. I didn't even notice until it was pointed out here. I'd be the same with NBA players if it came to that.

[Junior Moe]

Quote: Originally Posted by Black Bruce Wayne

After reading this nonsense, just take tattoos out of the game completely. All it is, is a petty money grab from a bunch of tattoo. Also, its a money grab from blood sucking lawyers.

IMO, they should just alter them. If the changes were enouh to protect them from billion dollar properties like Pepsi and The Yankees then it should be enough protection from these tattoo artists. Make no mistake, I want everyone to be compensated for their work. I even said as much when this all broke. But if there's a way to do it without running afoul of the law then that works for me too. It doesn't even have to be similar as the ones they did for Punk and Smith. Just put a tat there and I'm good. It ain't that serious to me.

[rhein77]

I think that the artist are being fairly compensated for their artwork by the athletes. Hopefully the players association would require the tattoo artist to sign an art release form to release liability from copyright infringement.


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[brahmagoul]

Accurately depicting a tattoo on an athlete should always fall under fair use. Where a tattoo artist should be able to sue is if a video game lets you put that tattoo on a created player; kind of like the gray area with unlicensed college sports players or legends.

[aholbert32]

Quote: Originally Posted by brahmagoul

Accurately depicting a tattoo on an athlete should always fall under fair use. Where a tattoo artist should be able to sue is if a video game lets you put that tattoo on a created player; kind of like the gray area with unlicensed college sports players or legends.

How would that fall under "fair use" using the actual test for determining fair use?

[aholbert32]

Quote: Originally Posted by rhein77

I think that the artist are being fairly compensated for their artwork by the athletes. Hopefully the players association would require the tattoo artist to sign an art release form to release liability from copyright infringement. Sent from my iPhone using Tapatalk

Who are you to say what is "fair compensation"? I also think many of you are missing the point. The tattoo artist when he creates a tattoo isnt giving the player the right to copy that tattoo.

Its no different than a painting. If I buy a painting, I own that painting but I dont have the right to have an artist take that paining and create 3 million versions of that painting.

[Boltman]

So clear this up for me someone if you can.

Players in the game that had their tatts showing in 2K14 will continue because of this ruling right?

2K was using them before these tattoo artists filed these copywrites.

So let's say the new players coming into the NBA (the rookie class as an example). Will the guys have their tatts in the game? Last year's rookies in 2K16 did right?

[rhein77]

Quote: Originally Posted by aholbert32

Who are you to say what is "fair compensation"? I also think many of you are missing the point. The tattoo artist when he creates a tattoo isnt giving the player the right to copy that tattoo. Its no different than a painting. If I buy a painting, I own that painting but I dont have the right to have an artist take that paining and create 3 million versions of that painting.

True... I think that it is safe to say that the artist charge nba athletes more for work than they would charge the average joe. I agree with your premise.

I work in a print world and any photographer who submits work to a stock repository has to sign an art release form prior to giving consent for the platform to sell their work.

Why can't a tattoo artist follow that same model? They have been paid for their artwork and they are getting a platform although virtual to display it.

I can see your point if they made money exclusively from tattoos but this is simply not the case. They are only being used to further enhance realism.


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