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

[strawberryshortcake]

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

@aholbert32 or anyone else in the tattoo industry, or have gotten a tattoo,

Why don't tattoo parlors have a waiver form for ALL client/tattoo artist themselves to sign prior so issues like this doesn't come crawling back if the recipient wants to get their body along with the tattoo replicated artistically for commercial use, whether the person gets bitten by the famous bug or not?

Shouldn't somewhere along the lines with court cases revolving around tattoos have sparked some type of change in the tattoo community? Why isn't there some type of legal document or law passed to get behind the eight ball?

The tattoo artist can have the client sign a legal document specifying that the client may not have the tattoo replicated in other forms or alter for commercial use? If the client wants to be able to do as she/he pleases with the tattoo in the future, a different document can be signed. Have both documents available to the client. Only when the client has an understanding then should the procedure take place because (enter percentage) of clients probably doesn't even realize this could potentially be an issue down the line.

Don't have a tattoo, and don't plan to get one, but if I did, prior to hearing about the Madden and 2k tattoo cases, I didn't think much of it. I figured once I got a tattoo, it was pretty much mines.

[aholbert32]

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

@aholbert32 or anyone else in the tattoo industry, or have gotten a tattoo,

Why don't tattoo parlors have a waiver form for ALL client/tattoo artist themselves to sign prior so issues like this doesn't come crawling back if the recipient wants to get their body along with the tattoo replicated artistically for commercial use, whether the person gets bitten by the famous bug or not?

Shouldn't somewhere along the lines with court cases revolving around tattoos have sparked some type of change in the tattoo community? Why isn't there some type of legal document or law passed to get behind the eight ball?

The tattoo artist can have the client sign a legal document specifying that the client may not have the tattoo replicated in other forms or alter for commercial use? If the client wants to be able to do as she/he pleases with the tattoo in the future, a different document can be signed. Have both documents available to the client. Only when the client has an understanding then should the procedure take place because (enter percentage) of clients probably doesn't even realize this could potentially be an issue down the line.

Don't have a tattoo, and don't plan to get one, but if I did, prior to hearing about the Madden and 2k tattoo cases, I didn't think much of it. I figured once I got a tattoo, it was pretty much mines.

Some tattoo artists do that. They have each person sign a release that releases them from any claims related to the tattoo and states clearly that if its an original tat, the tat is owned by the artist.

With that said, its not really the tattoo artist's responsibility to make sure that the person getting the tat knows their belongs to them.

Keep in mind this is an issue that rarely if ever comes up. It effects 1% of the population. There isnt a situation the average person will have to deal with. Most people dont have the avenues to exploit a tattoo commercially like with a video game. So its really a non issue for most people.

[strawberryshortcake]

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

Some tattoo artists do that. They have each person sign a release that releases them from any claims related to the tattoo and states clearly that if its an original tat, the tat is owned by the artist.

With that said, its not really the tattoo artist's responsibility to make sure that the person getting the tat knows their belongs to them.

Keep in mind this is an issue that rarely if ever comes up. It effects 1% of the population. There isnt a situation the average person will have to deal with. Most people dont have the avenues to exploit a tattoo commercially like with a video game. So its really a non issue for most people.

Shouldn't the artist be partially responsible though or take some accountability to a certain extent in a manner of speaking? Even if it falls entirely on the shoulder of the recipient, if the artist would simply make known the conditions of getting a tattoo, we wouldn't get these 1%. Whether or not the artist knows the client is famous or not, a signed document would likely circumvent these messes. Be proactive rather reactive.

[aholbert32]

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

Shouldn't the artist be partially responsible though or take some accountability to a certain extent in a manner of speaking? Even if it falls entirely on the shoulder of the recipient, if the artist would simply make known the conditions of getting a tattoo, we wouldn't get these 1%. Whether or not the artist knows the client is famous or not, a signed document would likely circumvent these messes. Be proactive rather reactive.

No because in these cases, the person receiving the tattoo had nothing to do with the creation of the art. He/She shouldnt automatically think that just because he paid for the artist to put the art on his body...that he now owns the design and the right to let others copy the design.

Practically speaking, that could also hurt their business. Who wants to have a full legal discussion about copyright before every tattoo job you do? The law is on the artist's side so he doesnt have inform the recipient of the law every time he creates art.

[downsouth]

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

Especially because the art itself isnt worth diddly ****. Its the skin its on that makes it valuable. If the most famous living artist worked with the most famous tattoo artist on a tattoo and put it on my arm it would be worth nothing. If i drew a ****ty happy face with a triangle for a hat on lebrons arm it would be worth more.

[downsouth]

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

No because in these cases, the person receiving the tattoo had nothing to do with the creation of the art. He/She shouldnt automatically think that just because he paid for the artist to put the art on his body...that he now owns the design and the right to let others copy the design.

Practically speaking, that could also hurt their business. Who wants to have a full legal discussion about copyright before every tattoo job you do? The law is on the artist's side so he doesnt have inform the recipient of the law every time he creates art.

The tattoo is only worth something if its on a famous arm. Thats why i said if im famous the artist will sign over the rights or they can advertise that they tatt Joe Fan instead of being able to get business by saying they tattoo LeBron.

[aholbert32]

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

The tattoo is only worth something if its on a famous arm. Thats why i said if im famous the artist will sign over the rights or they can advertise that they tatt Joe Fan instead of being able to get business by saying they tattoo LeBron.

Thats not true. That design could have value on a canvas or in other ways to display art. Being on Lebron's arm helps but that doesnt mean that it holds no value somewhere else.

[strawberryshortcake]

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

No because in these cases, the person receiving the tattoo had nothing to do with the creation of the art. He/She shouldnt automatically think that just because he paid for the artist to put the art on his body...that he now owns the design and the right to let others copy the design.

Practically speaking, that could also hurt their business. Who wants to have a full legal discussion about copyright before every tattoo job you do? The law is on the artist's side so he doesnt have inform the recipient of the law every time he creates art.

Probably not think that he/she owns the design but may think that if he/she gets artistically replicated the same design on the exact location of his/her body could also be replicated in a painting or digital painting with the same tattoo on the same body part without having to deal with legal actions because the design and where it's located is now part of his/her body, and part of his/her physical identity and not of the tattoo artist even if the creation is of the artist.

Aren't tattoos part of someone's physical identity more so because it's a permanent etching? In order to artistically replicate someone's physical identity, also recreating whatever marks on the body (i.e. freckles, piercings, tattoos, etc) may need to be replicated as well in order to truly capture the person's physical identity. It's not like the tattoo is a "shirt" that can be replaced. The person can't remove their skin and slap on a new skin.

It doesn't have to be a long legal discussion, just something brief. What about simply having a clear visible disclaimer signage in view of the customer specifying the designs of the tattoos etched on the recipients' body is still property of the artist and cannot be replicated without the permission of the tattoo artist (or whatever legal wording). In clear view so the customer can initiate the discussion.

On that note, does posted signs even have legal merit? (i.e. public/private parking garages: don't leave valuables in your car because we're not responsible if things go missing, etc.).

[downsouth]

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

Thats not true. That design could have value on a canvas or in other ways to display art. Being on Lebron's arm helps but that doesnt mean that it holds no value somewhere else.

Or at least own the rights as displayed as part of lebrons own likeness. Like if someone uses it as part of using lebrons image then lebron should own the rignts. If the image is used elseware the artist should. Im not saying thats what the law is im saying thats what is fair because the only reason 2k wants it is for making it look like Lebron. They dont are about the actual art one bit. They arent selling artwork they just want LeBron to look like LeBron.

[aholbert32]

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

Or at least own the rights as displayed as part of lebrons own likeness. Like if someone uses it as part of using lebrons image then lebron should own the rignts. If the image is used elseware the artist should. Im not saying thats what the law is im saying thats what is fair because the only reason 2k wants it is for making it look like Lebron. They dont are about the actual art one bit. They arent selling artwork they just want LeBron to look like LeBron.

They are selling realism. In order to sell realism, 2k wanted realistic and accurate tattoos. If they want that, they need to pay the artist who created that tattoo.

[aholbert32]

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

Probably not think that he/she owns the design but may think that if he/she gets artistically replicated the same design on the exact location of his/her body could also be replicated in a painting or digital painting with the same tattoo on the same body part without having to deal with legal actions because the design and where it's located is now part of his/her body, and part of his/her physical identity and not of the tattoo artist even if the creation is of the artist.

Aren't tattoos part of someone's physical identity more so because it's a permanent etching? In order to artistically replicate someone's physical identity, also recreating whatever marks on the body (i.e. freckles, piercings, tattoos, etc) may need to be replicated as well in order to truly capture the person's physical identity. It's not like the tattoo is a "shirt" that can be replaced. The person can't remove their skin and slap on a new skin.

It doesn't have to be a long legal discussion, just something brief. What about simply having a clear visible disclaimer signage in view of the customer specifying the designs of the tattoos etched on the recipients' body is still property of the artist and cannot be replicated without the permission of the tattoo artist (or whatever legal wording). In clear view so the customer can initiate the discussion.

On that note, does posted signs even have legal merit? (i.e. public/private parking garages: don't leave valuables in your car because we're not responsible if things go missing, etc.).

Its not the artist responsibility to inform people about copyright law. They could create a release, a sign or have the person receiving the tattoo speak into a camera saying that they "acknowledge that the design is owned by the artist"...that doesnt strengthen or weaken their case in any way.

If you get a tattoo and you want to give someone the right to copy/recreate that tattoo, its a two question test:

1) Is it considered a work of art? The word "AHOLBERT" tattooed on my back isnt considered a work of art alone. Now if I ask the artist to create a beautiful sunset surrounding those words, it is considered a work of art.

2) Did I help create it? If the answer is No, I dont have the right to give people the right to create duplicates of the tattoo.

Some tattoos are considered works of art. This isnt a physical mark like a freckle or a zit or a scar. Its artistic work placed on someone's body by choice.

The law is what it is. Just like most laws it may not seem fair to everyone. But to the tattoo artist who create those tats, the law does what it supposed to do. It protects artists from having people copy their work without payment.

2k needs to stop being a bully corporation and pay these people for their work. It is a billion dollar corporation. It can afford to properly license those tats.

[MrDubya]

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

This is why I don't like lawyers. They are the only ones trying to make money off these lawsuits.

I understand the legality but still, there's no way the use of the tattoos in the game caused any harm to anyone, not physically or economically.

Also, doesn't 2k has the right to use player likeness in the game? I thought tattoos were part of someone's likeness. This is getting ridiculous.

What's next? Are barbers going to start suing too? I can see Lebron's barber being like I gave him his signature hairline, you can't copy it! It's my creation.

Get outta here, someone needs to put a stop to this none sense.

I'm with you, but I guess I understand why the artist would be angry...maybe. It seems really ridiculous, but I guess I'm not the tattoo artist.

[redsox4evur]

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

I'm with you, but I guess I understand why the artist would be angry...maybe. It seems really ridiculous, but I guess I'm not the tattoo artist.

Say you paint a beautiful painting. It sells for $1000. I go and recreate said painting in a series of photos or something. And I make some 10,000,000 from that picture and your painting is prominently in view, would you want some sort reimbursement from me?


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[MrDubya]

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

Say you paint a beautiful painting. It sells for $1000. I go and recreate said painting in a series of photos or something. And I make some 10,000,000 from that picture and your painting is prominently in view, would you want some sort reimbursement from me?


Sent from my iPhone using Tapatalk

Yeah. Valid point. I just never thought of all the various little legal issues that would go into tattoos for a digital likeness on a video game. As a pro wrestling fan, I remember there were some edits in the WWE games, like CM Punk's Pepsi tattoo being taken out. I never even seriously thought about it.