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

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Old 08-04-2016, 01:17 PM   #97
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Re: Some Potential Damages in NBA 2K Tattoo Lawsuit Have Been Dismissed

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Originally Posted by BluFu
But isn't the NBA still broadcasting art that isn't theirs? You said earlier that tattoos are just like any other art. If the NBA is playing music for one of their TV promos, they need to get the artist's permission correct? TV broadcasters need permission of the movie producers/directors to air their movie right? If tattoos are exactly like these other kinds of art, why does the NBA not need permission from the artists? In those cases I mentioned, the broadcasters are not "recreating" the art but they still need permission to show it because it's not theirs.

Sounds like a slippery slope to be honest.
The tattoo artists claim is because of the recreation. Thats all that matters here.

Remember Lebron owns the tattoos on his arm so he can permit the NBA to broadcast or photograph that tattoos on his arm.

He doesnt own the right to allow someone else to recreate the tattoos on his arm though.

Its the same as if Lebron owned a painting. I can come to his house and take a picture of that painting. But I cant duplicate that painting a million times and sell it without the original artists permission unless that artist has given Lebron and me that right.
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Old 08-04-2016, 01:23 PM   #98
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Re: Some Potential Damages in NBA 2K Tattoo Lawsuit Have Been Dismissed

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Originally Posted by aholbert32
The tattoo artists claim is because of the recreation. Thats all that matters here.

Remember Lebron owns the tattoos on his arm so he can permit the NBA to broadcast or photograph that tattoos on his arm.

He doesnt own the right to allow someone else to recreate the tattoos on his arm though.

Its the same as if Lebron owned a painting. I can come to his house and take a picture of that painting. But I cant duplicate that painting a million times and sell it without the original artists permission unless that artist has given Lebron and me that right.
Ok that clears up a lot. I thought 2K was scanning tattoos for 2K16 though? Is that not the same as taking a picture?

And in your last scenario, are you allowed to sell that picture of the painting?
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Old 08-04-2016, 01:33 PM   #99
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Re: Some Potential Damages in NBA 2K Tattoo Lawsuit Have Been Dismissed

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Originally Posted by BluFu
Ok that clears up a lot. I thought 2K was scanning tattoos for 2K16 though? Is that not the same as taking a picture?

And in your last scenario, are you allowed to sell that picture of the painting?
Nope because they are scanning and then manipulating and recreating the image within the game. Thats different than just taking a picture.

Selling the picture is where it gets tricky. So if I take a picture of Lebron's living room and the painting is just a small part of the photo, I would have a decent fair use argument.

If my photo only focused on the painting and Im sold the photo, the artist would have a solid argument that the photo is a derivative work and he/she should be paid for using her painting in the photo.
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Old 08-04-2016, 02:08 PM   #100
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Re: Some Potential Damages in NBA 2K Tattoo Lawsuit Have Been Dismissed

So 2k put all this focus on getting tattoos right in the smallest of detail, something that I couldn't care less about and really cannot fathom how anyone would care, while not paying for it yet they pay for using the likeliness of all these classic players who they cannot get right? Right..
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Old 08-04-2016, 02:24 PM   #101
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Originally Posted by Junior Moe
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.
I say just take them out. I would not even take a chance to alter them, because the Lawyers would find a way to still sue about that.
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Old 08-04-2016, 02:27 PM   #102
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Re: Some Potential Damages in NBA 2K Tattoo Lawsuit Have Been Dismissed

Can't wait to see them with broken hearts and dolphins on their body in 2K17.
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Old 08-04-2016, 02:32 PM   #103
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Re: Some Potential Damages in NBA 2K Tattoo Lawsuit Have Been Dismissed

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Originally Posted by Black Bruce Wayne
I say just take them out. I would not even take a chance to alter them, because the Lawyers would find a way to still sue about that.
If I were the publisher that would be my position too. I'd rather have the customers complaining about authenticity 24/7 than have these potential suits always hanging over our heads.
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Old 08-04-2016, 03:08 PM   #104
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Re: Some Potential Damages in NBA 2K Tattoo Lawsuit Have Been Dismissed

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Originally Posted by aholbert32
It would have to be more than just "very slightly." Using the tattoo with a slight change could still be considered a derivative work and run against copyright laws.

Think of it this way. If I took a song without permission, kept the melody and only changed 3 words of the song, the writer of that song would still feel like I used his song without permission, right? Same thing here.
Side remark: Just curious and have always been curious. Can you elaborate on youtube song covers? Take the song "Titanium." The same lyrics accompanied by the same melody are plastered all over youtube, and some/a lot are collecting revenue through view and subscribers. Plus, some even have the song for sale through itunes. What's the legality of this? Have always wondered, but never investigated.
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