Take-Two Interactive & Visual Concepts Sued By Tattoo Artists - Operation Sports Forums

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Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

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  • 24ct
    Pro
    • Sep 2012
    • 884

    #181
    Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

    Originally posted by NINJAK2
    Great post 24ct but I don't agree with the NCAA comparison. The tat artist did receive compensation for services rendered. NCAA players never got a dime and their likeness was used without permission and long after their NCAA days were done. I've never had a tat done. It's my line of thinking that once I've paid you cash and sat in a chair for hours after I've collaborated with you on what to do, our transaction is done and the end product belongs to me. If someone were to ask me where it was done I would obviously tell them and give a ringing endorsement to the artist. Now if I were to start a company and use that tat as my logo that's another story.
    Agreed. I wasn't necessarily comparing the tattoos work with the NCAA students. I'm just saying suing for likeness rights/recreation is feasible. Just like a sample record. Even if I don't make a penny off the song I make, if someone comes and samples it then makes money, I can sue. As long as it's within the statue of limitations which is like 50+ years lol. This is basically what the players did with the NCAA games. I agree with your point as far as them not getting paid so it's different in that regard. I should've made that a clear thought.

    As for the tattoos, it's all the discretion of the artist. We don't know what they're having players/celebrities sign or do when they get work done. Each shop/artist has their own policy. It could be on the walls of the parlor or in the tattoo books. Like I said I have a bunch of tattoos. And there was an artist who wouldn't do the same work on 2 different people. Like if you saw something you liked on someone else, he wouldn't copy it or redraw for you to have on your own skin. He also didn't copy the tattoo I gave him from online verbatim. He didn't really want to do it. He was glad I had a big enough picture so he didn't have to redraw it then trace it but the finished product was his own creation/twist. If this studio is doing big names like LeBron & Kobe I'm sure they have a policy written somewhere.

    I actually know of the guy who has done some of LeBrons tattoos. The place is in Cleveland. He's done work on Mo Williams too. I'm from Ohio & my friend gets his tattoos from the same guy. You can tell by the shading/filling he does. The artist I said wouldn't redraw tattoos worked in the same studio as the guy who did LeBrons, Mo's & my friends. I don't think it's the same company that's suing take two tho. So either they got permission or they're not that strict.

    Guys name is Jimmy. Works at Focused parlor. But they're not suing. Also the article says it's about the 2k where LeBron was on the cover. Says the tattoo was a focal point of sales. Which isn't true of course lol but by law/default it makes sense. Especially if the guy in question was on the cover of the game. Legit case here from that standpoint.
    Last edited by 24ct; 02-03-2016, 11:24 PM.

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    • ksuttonjr76
      All Star
      • Nov 2004
      • 8662

      #182
      Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

      Originally posted by roadman
      We'll see where Take-Two and VC take this, settle out of court or take it to court and tie it up for awhile and pay out more money and hope to get a winning verdict.
      Truthfully, this paragraph pretty much sums it up. Sometimes, it's just easier and cheaper to go with the settlement regardless if it's right or wrong.

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      • coolcras7
        MVP
        • Sep 2009
        • 2337

        #183
        Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

        Originally posted by ksuttonjr76
        Truthfully, this paragraph pretty much sums it up. Sometimes, it's just easier and cheaper to go with the settlement regardless if it's right or wrong.
        They settle with this artist and two more will pop up wanting the exact same deal.
        PSN=Coolcas7

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        • deetoman
          Rookie
          • Sep 2004
          • 434

          #184
          Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

          Originally posted by iReP PHiLLY
          Thank u NINJAK2! This is exactly my point, but I guess tattoo artists have a different train of thought then the rest of us.


          Shot from my 6s Plus[emoji1605]
          Yeah that's what I thought, I guess none of my tattoos really belong to me?

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          • RonRac1
            Rookie
            • Jul 2005
            • 124

            #185
            Take-Two should just follow the process that EA did to secure the tattoo's in Live, because l don't hear about EA being sued for Live's tattoo's. Or they can just adjust the tattoo's like EA has done, for example look at Jr Smith's neck tattoo on Live it resembles his tatt but it ain't his actual tatt. If they can't get the rights they should just adjust them. That's all I'm saying...
            Get at me on PS4 or Xbox 1 RonRac2

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            • DatIsraeliGuy
              MVP
              • Jul 2014
              • 1180

              #186
              Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

              How serious is this? Should we be worried 2k will end up like THQ or is it not that bad?

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              • ksuttonjr76
                All Star
                • Nov 2004
                • 8662

                #187
                Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                Originally posted by DatIsraeliGuy
                How serious is this? Should we be worried 2k will end up like THQ or is it not that bad?
                Good discussion, but I'm not that worried about it. I'm expecting to see changed tattoos in NBA 2K17. Personally, I'm kinda looking forward to the "Before and After" thread that will probably be created, lol.

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                • redsox4evur
                  Hall Of Fame
                  • Jul 2013
                  • 18169

                  #188
                  Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                  Originally posted by ksuttonjr76
                  Good discussion, but I'm not that worried about it. I'm expecting to see changed tattoos in NBA 2K17. Personally, I'm kinda looking forward to the "Before and After" thread that will probably be created, lol.
                  Here I'll summarize it a couple quick sentences.

                  Before: These are greedy *** pigs. After you get a tattoo it's your property.

                  After being taken out: This is complete bull**** I'm not going to buy this game. How can they call this a sim when the tattoos aren't real.
                  Follow me on Twitter

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                  • HealyMonster
                    Titans Era has begun.
                    • Aug 2002
                    • 5993

                    #189
                    Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                    Does the rocks tattoo artist get a waiver for every time he posts a picture on Instagram or goes shirtless in Ballers?

                    This is ridiculous. I hope 2k fights it and wins. If I go pay someone to put a tattoo on my body, it is mine, it is part of my body. If someone else pays me or pays my organization for me to appear in something, they are buying me, all of me, every part of me, not me minus my tattoos. Absolutely ridiculous.

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                    • redsox4evur
                      Hall Of Fame
                      • Jul 2013
                      • 18169

                      #190
                      Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                      Originally posted by HealyMonster
                      Does the rocks tattoo artist get a waiver for every time he posts a picture on Instagram or goes shirtless in Ballers?

                      This is ridiculous. I hope 2k fights it and wins. If I go pay someone to put a tattoo on my body, it is mine, it is part of my body. If someone else pays me or pays my organization for me to appear in something, they are buying me, all of me, every part of me, not me minus my tattoos. Absolutely ridiculous.
                      2K ain't going to win man...there has already precedence set when EA lost the case to Ricky Williams' artist. So they either settle out of court, most likely, or go to trial and lose all 1.1 million.
                      Follow me on Twitter

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                      • 24ct
                        Pro
                        • Sep 2012
                        • 884

                        #191
                        Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                        The Rocks tattoo guy isn't apart of the company suing so that's irrelevant. An instagram post isn't the same as a videogame or DVD cover that's being sold. I understand what you're getting at, but that's really extreme and I think you're missing the whole point these guys have a case.

                        Just because you buy a tattoo doesn't mean you own the design. You purchased a service. They're not saying they own the skin. They own the design. Especially if it's custom drawn. They own a part of the design if you drew it and they did it for you. It's just like a song. Art is art by definition here. If someone writes a song and I record it, it's not 100% mine. If we collab on something it's not 100% of anyone's by law. Unless it's in writing.

                        I know it's dumb this is over a tattoo but it's not hard to understand.

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                        • Goffs
                          New Ork Giants
                          • Feb 2003
                          • 12274

                          #192
                          Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                          Look at the bright side guys...with one less detail for the art team to worry about they can finally concentrate on players that were not scanned.

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                          • King_B_Mack
                            All Star
                            • Jan 2009
                            • 24450

                            #193
                            Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                            Originally posted by redsox4evur
                            2K ain't going to win man...there has already precedence set when EA lost the case to Ricky Williams' artist. So they either settle out of court, most likely, or go to trial and lose all 1.1 million.

                            As far as I know there is no precedent set man. Everybody has settled out of court and no judge has officially ruled on anything yet.


                            Sent from my iPhone using Tapatalk

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                            • Slegger
                              Rookie
                              • Oct 2015
                              • 44

                              #194
                              Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                              What blows my mind is how they think they can prove 2K sold $1.1 million worth of video games to people who bought those copies of the game for the only reason that that their tattoos were presented in it.

                              And besides that, doesn't 2K already pay the NBA license fee to be able to use those players names and features.

                              I bet at first this tattoo shop was so proud of putting ink on celebrities.
                              That was until somebody whispered in their ear that if they were willing to sell their soul they could really cash in big time.

                              It's not a matter of right or wrong. This is a loop hole in the legal system that should be fixed. But that has to be done by the same lawyers who leach on situations like these.

                              This is so sad.

                              Comment

                              • roadman
                                *ll St*r
                                • Aug 2003
                                • 26342

                                #195
                                Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                                Originally posted by King_B_Mack
                                As far as I know there is no precedent set man. Everybody has settled out of court and no judge has officially ruled on anything yet.


                                Sent from my iPhone using Tapatalk
                                And that tells you companies would rather settle out in court vs paying out more $ and time to a verdict that could go against them.(I think that is 3 lawsuits we are aware of)

                                From that point forward, in EA's case, the NFLPA sent out a message to all the players, the only way your tats are in Madden for now and in the future is to get a waiver from the artist. The case against EA was dismissed, but it appears the NFLPA and EA didn't want to take any more chances.

                                Here is a great article written in 2013 about this whole mess.

                                http://www.bloomberg.com/bw/articles...o-get-you-sued

                                Defendants are leery of letting these claims get before a jury because the damages could be costly. As long as the artist has taken the step of registering his copyright, he is eligible for statutory damages. It doesn’t matter, in other words, whether the infringement actually cut into sales. Depending on the nature of the use, the creator would be paid between $750 and $150,000 per unauthorized copy. “With The Hangover they were really panicking,” says Bradley, “because there are posters and advertising, too.”

                                The cheaper course is to get a waiver beforehand. “Anything you can do to prevent headaches is always good,” says Bradley. “Give them a signed football or something.” Most tattoo artists are just happy for the free advertising that comes with celebrity clients. Football players have not reported any trouble getting waivers so far. “Players are doing it,” NFLPA’s Atallah says. “Tattoo artists are cooperating. And if there is a little extra money exchanged for the license, then so be it.”

                                And from the tattoo artist that inked Carlos Condit for the UFC game from THQ:

                                Escobedo has a different idea. He says he would charge from $50,000 to $200,000 to sign away his copyright to an NFL player. “A song that only plays for a few seconds in a game gets $25,000 to $100,000 for a licensing agreement,” he says. “I don’t see the difference with my custom mark that was way harder to do in someone’s skin than it is on a computer or a piece of paper.”
                                Last edited by roadman; 02-05-2016, 10:36 AM.

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