Ridiculous. You'd think tattoo artists would be happy for the exposure.
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"Don't be afraid to go to number 23, he's alright." -
Thats a lame money grab.Comment
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Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists
I'm just curious....why NOW? Tattoos have been in the game for as long as I could remember.
Sent from my LG-H901 using TapatalkComment
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Re: Makers of NBA2K sued for using players' tattoos without permission
How don't the players own what's inked on their bodies though?Comment
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Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists
I do art. I have work on a meditation album. They came to me and asked if they could use my picture. I said yes and didn't ask for money or anything. Only got a credit on it.
If I did a tattoo and it got on a game, I'd be excited. I'd use it as exposure.
People are too entitled and money hungry these days. Gives humans a bad name.
Old artist like Van Gogh took other artist's work and remade them in their way. These days you'd get sued for that. It's weird.
Just as that pizza joint that looked like the fallout face. They had to change their logo. How many more sales would Fallout get if it was allowed to stay? People would be like that looks like Fallout, I need to get the new one now that I think about it. Everything is money and mine, mine, mine.Comment
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Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists
Curious. Are the artists claiming that the tattoos are "original" work? Original meaning Lebron (using him as an example) walked in, and selected it from a portfolio. To me, the tattoo artists can't have sole copyrights to a particular tattoo, because it would be a collaboration between the artist and Lebron. Hence, Lebron could/should be suing the artist for claiming it as his own creation.
When I got my tattoos, I didn't just lay down and let them create whatever they wanted on my body. Best believe, I gave my input to what my tattoo should look like.
Tattoos are a creation and interpretation of what the individual wanted.Comment
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Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists
Some information on copyright law:
From the thread about Colin Kaepernick a couple of years ago.
Copyright law disagrees with you. Even though a photo of the tattoo is technically different from a graphical rendering, they are treated the same.
See 17 USC 102 - Scope of copyright. Clearly covers pictorial and graphic works under a(5).
See 17 USC 106 - Exclusive rights in copyrighted works . Specifically see sections (1) and (2). FYI, a derivative work is a "work based on or derived from one or more already exist- ing works. Common derivative works include translations, musical arrange- ments, motion picture versions of literary material or plays, art reproductions, abridgments, and condensations of preexisting works." A graphical representation of a tattoo is either an art reproduction, or in the alternative an "abridgment."
EA is SMART for not illegally recreating a tattoo. What's wrong with not wanting to get sued?
Also, as a bit of irony, the importance you are all placing on tattoos makes a lawsuit against the NFL, NFLPA, etc. more lucrative for the IP holder because it shows a high monetary value of the intellectual property at issue = more damages.
Some other things to be considered:
1) If the tattoo is non-original it doesn't need to be approved by the tattoo artist. See 17 USC 102 (a). So, if a player has a tribal tattoo that is a reproduction of a tattoo that dates back hundreds of years, the tattoo artist has no IP rights.
2) Does the player own the tattoo IP in the first place? See 17 USC 201(b) Works made for hire. In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright. I'm curious (having no tattoos) if a tattoo artist retains the IP rights with a written instrument.Comment
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Glad i get the pc version for the mods. Some very talented guys will put whatever tats are missing back onComment
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Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists
Dude you are missing my point...my point is these guys aren't getting any exposure by having these tattoos in NBA 2K. They aren't mentioned by Take Two or Visual Concepts. And I have never seen a player say on Twitter that he got this tattoo from shop x in city Y. That's all I am trying to say. So Ksutton please tell me who did every tattoo on Birdman's body? This should be an easy question for you to answer because they get all this exposure from Birdman and the companies that create the 2K game.
And the only other thing I have said is that they need to get permission from the artist to use it, and after reading through the Kaepernick thread that may not even be true. I am going to do some more research on this before I say they need permission from the artists or not. But I will keep defending that these artists aren't getting exposure from Take Two and Visual Concepts.Comment
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Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists
So you don't think tattoo artists have gotten any foot traffic from the celebrities they've inked? I couldn't tell you who inked up Paul George right now because I haven't researched it at all, but if someone sees his arm and decides they like one of his tattoos and want to get something similar or find out where he got it, as long as it wasn't in a jailhouse or one of his buddies did it in the basement and in an actual shop, I'm sure someone could find out. I'll give you an example. I don't know if it's still up, but for about five years at least on the route I used to take to work I had to look at DMX's smiling *** face on a billboard in one of the worst pictures of him I've ever seen as he was getting inked advertising the shop here in Chicago where he got one of his tattoos done.
The NBA sells videos including those players tattoos and all on them. I would guess that since you can't simply include copyrighted music in those videos tattoos would be the same if people are really claiming copyrights on them.Comment
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Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists
It's sad that this may be an issue in the future. But, oh well, I can live with players not having any tattoos.Last edited by youvalss; 02-01-2016, 11:28 PM.My Specs:
ZX Spectrum
CPU: Z80 @ 3.5 MHz
GPU: Monochrome display
RAM: 48 KB
OS: Sinclair BASICComment
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Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists
interesting.
I see this going beyond video games.
so basically a tattoo artist with a unique design can potentially sue someone who gets the same tattoo without permission.
and a question also arises; who owns the copy rights to these unique tattoos.
IF a player comes up with the concept for a tattoo, then that means the player could technically own the rights, not the artist. the artist who features his work in advertising obviously has to also seek permission to use said design.
1.1 million is alot of money. I could see 2k using generic tattoos in the future. these costs will obviously get higher with each new release.Comment
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Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists
Alright so I said earlier I wanted to do a little research on this. And I have been reading the Kaepernick stuff. And there was an article posted by USA Today about the Madden Dev team. And one said this, "the NBA has a different licensing agreement with their players then the NFL does with theirs. In the NBA, if their tattoos are on their skin, they are technically owned by that player and can therefore be used in games and what not. In the NFL, they are owned by the artist."
So something must've changed in the year +.
And here's a good article about why you can't show your tats in a videogame without permission. http://hyperallergic.com/145999/why-...n-video-games/Comment
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