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

[aholbert32]

Quote: Originally Posted by strawberryshortcake

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]

Quote: Originally Posted by gabs485

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]

Quote: Originally Posted by MrDubya

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?


Sent from my iPhone using Tapatalk

[MrDubya]

Quote: Originally Posted by redsox4evur

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.