Late last year, for example, Stephen Allen, a tattoo artist, sued video game maker Electronic Arts and former Miami Dolphins running back Ricky Williams over a tattoo Allen put on Williams' bicep. The tattoo appeared on the cover of EA's "NFL Street" video game. Allen claimed that the reproduction and display of the tattoo violated his copyright.
That case was dismissed in April at the request of the plaintiff, but because so many NFL players have tattoos, it got the attention of the NFL Players Assn. NFLPA officials began advising players to get copyright waivers from their tattoo artists. George Atallah, an NFLPA official, told Bloomberg Businessweek that the union recently cautioned its players: We know you love your tattoo artists, but regardless of whether you trust them, regardless of whether there are legal merits to the lawsuits that we've seen, just protect yourself.
So, there's that, too.
I think this sums it up for everyone. If you are getting a tattoo make sure you take your copyright waiver forms with you. It's kinda messed up that if you get a tattoo you've now made everyone who uses your likeness liable for copyright infringement.
I'm curious to know if there's a licensing excuse with Nike or Under Armour since they can't seem to get any updated equipment? Kaep's glove is the same glove that's been around since 10. At least NCAA 14 on last gen consoles stayed current with this phenomenon! SMDH!
Still doesn't take away from the fact that Tiburon has BS'd us in the past. Thankfully this is not the case this time. Now I just need them to explain what the hell is going on in the background.
Just give us generic options with those who don't have copyrights and be done with it EA! Freaking UFC's create a fighter gives them these options. EA's lack of creativity annoys me or EA Tiburon!
Late last year, for example, Stephen Allen, a tattoo artist, sued video game maker Electronic Arts and former Miami Dolphins running back Ricky Williams over a tattoo Allen put on Williams' bicep. The tattoo appeared on the cover of EA's "NFL Street" video game. Allen claimed that the reproduction and display of the tattoo violated his copyright.
Not a lawyer, but that's probably the issue. An actual photograph is one thing, but to "re-draw" the tattoo is a violation.
The other thing, which I presume is how it actually went down:
EA: Can we do tattoos?
NFL: Sure, just get artist's permission so we don't get sued.
(# of NFL players * # of tattoos, at least 1 artist per player) = "I'd rather not show any than waste time chasing god knows how many tattoo artists to get permission, or having a complete crapshoot of who has them & who doesn't.", and then Kaepernick wants his tattoos represented and does the legwork of finding the artist(s), getting their permission & going to EA with it.
I mean, it's disappointing, sure, but the legal reasons keeping other players' tattoos out of the game are completely legitimate, as is what's being discussed in other threads. Particularly given how much litigation EA is facing from all fronts nowadays.
Hopefully we see more tattoos for more players in the future; who knows, maybe Kaepernick will start a trend.
I'm sure he will be on the back of the box with his tats leading uninformed people to possibly make an impulse purchase thinking all players will have tats.
Part of me thinks it isn't a big deal at all, and other part is like, so this guy is literally going to be the only player on the field with tats. Just kinda stands out in a weird way. I dunno.
Obviously I am much more concerned with gameplay elements, but I almost wish they hadn't shown this pic as the "icebreaker" of M15 screenshots because now I am just going to notice how nobody else has tats.
Adding to this:
How would any actor/athlete w/tats ever do a photoshoot or appear in a card? Does that also require permission from the artist? Because it seems like very similar scenarios to me.
As it was mentioned above.... LAME excuse.
Capturing someone's image is different from recreating someones image.
In a photoshoot you are taking their picture, when you create a digital model of someone you are recreating their body INCLUDING their tattoos.
It may seem similar but in the legal realm there is a big difference.
Quote:
Originally Posted by kgbrolic
I've never ever in my life heard of tattoos being property of the NFL. Are they really saying that they need permission from the NFL to use tattoos? Like that's a seperate rights issue?
Only EA....
No one is saying that the NFL has the rights, it was only stated that it had to do with Artist rights. As in the tattoo artist who did the work has a legal claim to the reproduction of the tattoo.
For Those of you pointing out that NBA 2K, UFC, and WWE have tattoos so why can't Madden. Consider the fact that UFC has individually licensed fighters (and I assume the same goes for WWE), whereas the MLB, NBA, NHL and NFL all are licensed via players unions.
Brock Lesnar is going to want that sword down the middle of his chest if he is going to be represented in the game, so he's going to make the effort to secure those rights. Tattoos are a part of a fighter's brand, they are one way they market themselves. Lesnar's Sword Tattoo is a great example of this, even if you only see the pre-fight stuff you can separate him from the other hulk-like fighters by that sword going down his sternum. the fact that the fighters don't wear shirts means that if you were to ignore their tattoos for licensing reasons their absence would be even more glaring.
The NBA is similar to the UFC and WWE in terms of tattoos being a part of the players' brand, and players have more incentive to secure their brand, because of how often you can see the tattoos (entire arms are bare, and if you ever make it to the free-throw line your gonna have a HD camera front and center on you and your tattoos). So despite the fact that the player licensing is done through the Players Union for current players (individually for retired players), it actually makes sense for players to secure the licensing for their tattoos and it makes sense for 2K/EA to then make the effort to put them in the game.
When it comes to the NFL first off you have the most players of any sports gaming franchise (53 per team, and even more in the free agent pool), but also you have shoulder pads that eliminate pretty much every tattoos above mid-bicep (though with the way jerseys and pads are being worn nowadays you actually get a better view of almost the entire bicep). And with the way the camera distance pretty much has to be for you to see the entire field unless you have extremely dark tattoos they are barely going to show up in-game. So basically they would be doing all this work, and paying all this licensing for something you would only see in-between plays or in replays. Truth is there are only a handful of players that I would want them to have tattoos for. I mean ideally all tattoos would be represented, but there are only a handful of players that I can think of that have tattoos so significant that it is weird not seeing them on their player models in-game. I can only name 2 off the top of my head; Kaepernick, and Tom Crabtree (Packers TE 2009-12, Bucs 2013, now a Free Agent).
I really do think it should be done the way Kaepernick handled it. The player should secure the rights for use of the tattoos in the game and then sell them to EA. EA should not have to seek out tattoo artists and secure the rights individually, because then you put the onus on EA to not only update the players every time they get a new tattoo (and depending on how busy their canvas is it could be that a new tattoo gets added but only the players would be able to point it out), but to secure the rights from a tattoo artist each time they do work on a player.
Basically if you want your brand as a player fully represented, it is up to you to make sure it is fully-represented.
OK, then why do NBA games seem to not have this problem, don't most players with tattoos in the NBA have them in NBA Live and NBA 2K?
Not sure, but this came down from the NFLPA on a lawsuit filed a year or two ago. Since then, the NFLPA told the players, make sure you get waiver rights.
I mean, it's disappointing, sure, but the legal reasons keeping other players' tattoos out of the game are completely legitimate, as is what's being discussed in other threads. Particularly given how much litigation EA is facing from all fronts nowadays.
Hopefully we see more tattoos for more players in the future; who knows, maybe Kaepernick will start a trend.
It's just ea and the NFLPA being overly cautious in my opinion. I don't know but did 2k get the rights to use all the tattoos on NBA players?
In the end, this is meaningless either way for me. The sky view that is used as madden' s gameplay camera won't show them anyway, so tattoos in the game are slightly ahead of madden 10s animated hand towels as far as game improvements go anyways.
Not buying this, you're saying NFL players don't want their tattoos n the game? I willing to bet more than one player in the NFL wants their tattoos in the game. Kap is probably some test to get the audience reaction to see if they will add more tattoos in the game in the future. I have a feeling if 2K was still making NFL games all players with tattoos in the NFL would have them in the game.
I don't think he is saying this at all.
Ricky Williams had a tatoo on his bicep on the cover of NFL Street. The artist sued the NFL.
Once that happened, the NFLPA, took over and said, get a waiver claim if you want your tattoo to be reproduced.
I call BS! In UFC and NBA games their players have tattoos. You mean to tell me only one player in the NFL wants their tattoos in the game? Not buying it, something seems fishy about this situation.
Not fishy, just lazy. Havent been following that closely but are the tattoos of 1 player really the first thing theyve released about this game?