Tattoo studio Solid Oak Sketches remains to be engaged in a authorized battle with Take-Two Interactive, homeowners the favored NBA 2K online game franchise, over the use tattoos which can be depicted on a number of basketball gamers who’re featured in NBA 2K.
Last month, LeBron James testified: “My understanding is that the tattoos are a component my physique and my likeness, and I’ve the fitting to have my tattoos seen when folks or firms depict what I appear to be … No tattooist has ever advised me I wanted their permission to be proven with my tattoos, even when it was clear I used to be a public basketball participant.”
Although NBA stars like LeBron might have granted to Take-Two his rights publicity by way of the NBA or its gamers affiliation, Solid Oak Sketches argues that it does not embody the copyright to the paintings in his tattoos. The studio likens a tattoo artist to a painter who’s commissioned to create a piece artwork – which means the particular person paying for it has enter into the method, however the artist has final management the completed product and supreme possession it.
Solid Oaks initially sued Take-Two Interactive in 2016, alleging it owns the copyrights for these tattoos however they’ve since filed a brand new movement.
According to The Hollywood Reporter, Solid Oak’s go well with claims:
“Importantly, neither Mr. James nor any the opposite related pressional basketball gamers whose tattoos are at problem within the immediate lawsuit, did or may have licensed the underlying copyrights to Defendants. Plaintiff has by no means tried to argue that rights publicity weren’t granted by Mr. James to Defendants by way of a third-party conduit (i.e. the NBA and/or NBPA), and Plaintiff has little interest in disputing similar. However, Plaintiff disputes that any granting consent to make use of Mr. James’ likeness is at problem on this dispute or that the difficulty consent is even related to the copyright infringement claims made herein.”
THR reviews Solid Oaks is now asking the court docket to disclaim Take-Two’s movement for abstract judgment and to disregard the testimony a number of its specialists in help that movement.