Take-Two has won its lawsuit against tattoo artist Jimmy Hayden, who claimed that the reproduction of his work on basketball player LeBron James in the NBA 2K series constituted copyright infringement.
As reported by Reuters, an Ohio federal jury gave its verdict on Friday, saying that Take-Two had a licence to use James' image in NBA 2K, de facto including his tattoos as well. It therefore decided it didn't violate Hayden's copyrights.
The attorney representing Take-Two, Kirkland & Ellis' Dale Cendali, gave a statement on the verdict, which she said was an important step for the entertainment industry and "anyone who has ever gotten a tattoo and might have otherwise worried about their freedom to share their bodies with their tattoos."
Hayden first filed a lawsuit against Take-Two in 2017, witn an amended complaint in 2019 arguing copyright infringement.
It's not the first time a tattoo artist sues Take-Two, with Solid Oak Sketches filing a lawsuit in a New York Federal court back in 2016 for similar reasons. A year later, Take-Two argued in court that it was fair use, and ended up winning in 2020.
On the other hand, tattoo artist Catherine Alexander won her own case against Take-Two in 2022, obtaining $3,750 in damages after a jury agreed that reproducing her work on pro wrestler Randy Orton in the WWE 2K series did not constitute fair use.
JonPX on April 22nd, 2024 at 16:30 UTC »
Weird that tattoos on LeBron are fair use and ones on Randy Orton aren't.
Laserlaxen on April 22nd, 2024 at 10:52 UTC »
Mabey I'm misunderstanding something but the tattoo artist claimed copyright on the tattos used in game?? Feels like its fair use for Take-two since the tattoos are not really the selling point nor a dlc?
moralcunt on April 22nd, 2024 at 10:51 UTC »
so anyone who takes a photo of a person with a tattoo needs to pay the tattoo artist? How about the clothes? Should those get money too? Or the barber?
Brony paid for the tattoo...it's his, so as long as he gets the money from the corporation I think that's ok...