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

[aholbert32]

Quote: Originally Posted by strawberryshortcake

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.

What they are doing is technically against copyright law. If one of the writers of the song contacted Youtube, they could get YT to take down each video.

It doesnt make much sense to sue those people though. The copyright owners would win but the likelihood that they would collect any damages is zero since these are just average people.

[aholbert32]

Quote: Originally Posted by jfsolo

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.

Its really not that difficult though.

Review each tattoo.

If its something copyrighted, ask the player if he remembers who did that tattoo.

If he does, contact the artist and offer him a small amount for lifetime rights to use the tat within the game.

If he refuses to license it or you cant identify the artist, change the tat enough so that he doesnt have a copyright claim.

[strawberryshortcake]

Quote: Originally Posted by aholbert32

What they are doing is technically against copyright law. If one of the writers of the song contacted Youtube, they could get YT to take down each video. It doesnt make much sense to sue those people though. The copyright owners would win but the likelihood that they would collect any damages is zero since these are just average people.

Let's add an extra tidbit to it. If they were well known or became well known youtubers because of the covers. I am quite certain Madilyn Bailey got big because of her song cover of Titanium. I personally like her version as well. Basically both of these individuals (and others) would be in violation if they never got rights (and anyone else however small they are).

And what about song covers done by famous artist of other artists song at their concerts?

Madilyn Bailey - Titanium (~3 million subscribers; ~75 million views)
https://www.youtube.com/watch?v=PGoCtJzPHkU

The Piano Guys - A Thousand Years (~5 million subscribers; ~74 million views)
https://www.youtube.com/watch?v=QgaTQ5-XfMM

[aholbert32]

Quote: Originally Posted by strawberryshortcake

Let's add an extra tidbit to it. If they were well known or became well known youtubers because of the covers. I am quite certain Madilyn Bailey got big because of her song cover of Titanium. I personally like her version as well. Basically both of these individuals (and others) would be in violation if they never got rights (and anyone else however small they are). Madilyn Bailey - Titanium (~3 million subscribers; ~75 million views) https://www.youtube.com/watch?v=PGoCtJzPHkU The Piano Guys - A Thousand Years (~5 million subscribers; ~74 million views) https://www.youtube.com/watch?v=QgaTQ5-XfMM

Correct but keep in mind just because you can sue doesnt mean you will.

Bringing it back to 2k, I'm sure there are a bunch of tattoo artists who saw their tats in NBA 2k and said "Thats cool as hell. I'm happy its in the game". They could technically sue but they dont want or care to.

[strawberryshortcake]

Quote: Originally Posted by aholbert32

Correct but keep in mind just because you can sue doesnt mean you will. Bringing it back to 2k, I'm sure there are a bunch of tattoo artists who saw their tats in NBA 2k and said "Thats cool as hell. I'm happy its in the game". They could technically sue but they dont want or care to.

Back to 2k.

I'm guessing that would extend to anything including floor boards, the official basketball, the lighting system (how and what part of the arena was lit replicates "X" manufacturer's lighting system that was used in the arena), the led displays, the electronics around the arena, the chairs, and any objects within the arena? Just because the "arena" was licensed to 2k, would 2k still require to get licensing agreements for other miscellaneous objects around the arena?

[aholbert32]

Quote: Originally Posted by strawberryshortcake

Back to 2k. I'm guessing that would extend to anything including floor boards, the official basketball, the lighting system (how and what part of the arena was lit replicates "X" manufacturer's lighting system that was used in the arena), the led displays, the electronics around the arena, the chairs, and any objects within the arena? Just because the "arena" was licensed to 2k, would 2k still require to get licensing agreements for other miscellaneous objects around the arena?

Nope.

The floor boards and the design are typically owned by the team. When they hire an artist to create the floor design, they have him sign an work for hire agreement that makes it clear that the team owns it.

The basketball, lighting system, electronics, chairs and other objects are not considered works of art and would not be covered under copyright law.

[strawberryshortcake]

Quote: Originally Posted by aholbert32

Nope. The floor boards and the design are typically owned by the team. When they hire an artist to create the floor design, they have him sign an work for hire agreement that makes it clear that the team owns it. The basketball, lighting system, electronics, chairs and other objects are not considered works of art and would not be covered under copyright law.

(1) I actually meant the actual floor boards, not the logo design on the floor board. Say the hired company rolls into home depot to buy Orange Manufacturer's floor boards designed and crafted by Joe Smith, or Ikea's Chairs designed by Bob Smith. In a sense, I mean aren't these designs work of art? Someone had to come up with the design. Didn't Samsung or whatever company get sued because their smart phone looked like Apple's iphone or something...

(2) Someone brought up "haircut/hairstyle" ... does this fall under copyright protection?

[aholbert32]

Quote: Originally Posted by strawberryshortcake

(1) I actually meant the actual floor boards, not the logo design on the floor board. Say the hired company rolls into home depot to buy Orange Manufacturer's floor boards designed and crafted by Joe Smith, or Ikea's Chairs designed by Bob Smith. In a sense, I mean aren't these designs work of art? Someone had to come up with the design. Didn't Samsung or whatever company get sued because their smart phone looked like Apple's iphone or something... (2) Someone brought up "haircut/hairstyle" ... does this fall under copyright protection?

No those are not considered works of art. The Iphone suit was a patent suit not a copyright lawsuit.

Haircuts dont have copyright protection.