In a landmark decision on the tattoo front, a federal judge rules that 'NBA 2K's' depiction was de minimus and that an implied license was granted
Entertainment companies have plenty to worry about these days. But one concern that's been looming for years may have been alleviated on Thursday thanks to a New York federal judge's summary judgment opinion. That being, getting into copyright trouble for depicting someone's tattoo.
Solid Oak Sketches, which claimed to own copyrights to tattoo designs featured on the bodies of NBA stars LeBron James, Kenyon Martin, and Eric Bledsoe, back in early 2016. The plaintiff targeted video game publisher Take-Two Interactive over allegedly unauthorized reproductions of those tattoo designs in the, which led to discovery and even a declaration by James himself where the NBA icon stated, "I always thought that I had the right to license what I look like to other people for various merchandise, television appearances, and other types of creative works, like video games.
The judge adds, "When the Tattoos do appear during gameplay , the Tattoos cannot be identified or observed. The Tattoos are significantly reduced in size: they are a mere 4.4% to 10.96% of the size that they appear in real life... Further, the Players’ quick and erratic movements up and down the basketball court make it difficult to discern even the undefined dark shading."
According to the opinion, not only can't Solid Oak convince a reasonable fact finder of substantial similarity between real-life tattoos and video game tattoos but also that use of the copyrighted material is
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