Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

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  • jake44np
    Post Like a Champion!
    • Jul 2002
    • 9563

    #151
    Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

    Originally posted by SpeedyClaxton
    I'm not a fan of baseball or NFL, never played them but for basketball it's a part of game just as much as it's real hair and all stuff. You're saying me authenticity doesn't play a role to you, so tell me would you play 2K if LeBron for example is not made authentic but some generic black dude with afro hair ? Please don't get me started..
    I grew up playing the game below, so yes I would and have.



    ND Season Ticket Holder since '72.

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    • Junior Moe
      MVP
      • Jul 2009
      • 3856

      #152
      Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

      Originally posted by CM Hooe
      The answer to this question has literally no relevance as to the merits of the suit filed against 2K Sports and the publisher's alleged improper misuse of intellectual property belonging to tattoo artists in the NBA 2K video games.
      Why not? And I'm not talking about in a court of law or anything like that. EA was sued for the same thing. They cite it as a reason why Madden doesn't have tattoos. That's understandable. But Live still does. Why didn't they disappear in Live or have to get explicit permission from an artist? If they don't then what's so different here and why wouldn't it be relevant? It's the same thing, apparently.

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      • SpeedyClaxton
        Pro
        • Dec 2015
        • 655

        #153
        Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

        Well i also grew up on all these 2D games as well but since it's 2016 i would like to have WHOLE PACKAGE.
        https://www.youtube.com/watch?v=fLCf-URqIf0
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        • 24ct
          Pro
          • Sep 2012
          • 884

          #154
          Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

          I don't think you can sue a TV company for showing a player who happens to have your work represented on them. It isn't the same as suing a gaming studio that's making money by selling a game with your digital recreation in it. The video game is made by a 3rd party and they digitally recreated the work vs a TV show that's just showing live action. I think that's a totally different case.

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          • NINJAK2
            *S *dd*ct
            • Jan 2003
            • 6185

            #155
            Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

            Originally posted by coolcras7
            You do realize that people are jerks and will try to take advantage of this situation, we will be the ones who loses. Can you imagine like MSG, EA/2K buying the rights to Tattoos and it's only available on one of the games.
            That's a great point coolcras7. You may have given one of these companies an idea
            EA and 2k have the unfortunate task of trying to balance on a tightrope of fun and sim while trying not to fall 10,000 feet to their death. Instead of a safety net waiting down below there will just be angry customers quick to move out of the way and talk of their failure.

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            • Haval93
              Pro
              • Jan 2008
              • 512

              #156
              Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

              I'm not a lawyer, but wouldn't copyright laws only apply for the base image or "tattoo", if you modify the tattoo, the artist can't claim copyrights over it? If so, can't 2K simply modify the tattoos and put it into the game? I'm sure fans would complain that the tattoos look off, but it would be better than nothing.

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              • iReP PHiLLY
                Rookie
                • Dec 2011
                • 327

                #157
                Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                Originally posted by redsox4evur
                What exposure? There isn't any because 2K does not say who created these tattoos? Nor do the players.

                Man exposure doesn't matter at all, who cares who did the tattoos on whoever. If someone cares that much than that individual should find out themselves, nobody owes squat to the artists but what was paid at the time the tattoo was done. Simple as that IMO. Saying to treat tattoos like other art is ridiculous, that's like buying a painting then selling it and having to give the artist a cut... No way in hell should u do that when you paid in full at the time of purchase. Now if someone is selling saying "I did this" that's what would make this situation valid, but nobody on 2Ks staff is saying "look we made these tattoos" a money grab is exactly what this is and nothing less. Now if there was a contract (I will put this tattoo on your body but I will always own it) before the tattoos where done then ok I get that but I never seen that done and I have tattoos myself done professionally. The person that owns the tattoo is the person that paid for it and who has to look at it for eternity, no one else.


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                • The 24th Letter
                  ERA
                  • Oct 2007
                  • 39373

                  #158
                  Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                  LeBron......

                  CHARLOTTE, N.C. – Cleveland Cavaliers superstar LeBron James wasn't aware of a lawsuit that's out there involving the ink on his body, but when informed the gist of it, he was a bit puzzled.

                  "So even if I designed it (the tattoo), the company owns it?" James asked.

                  Solid Oak Sketches filed a $1.1 million lawsuit in a New York federal court Monday against NBA 2K Games, Take-Two Software and Visual Concepts claiming unauthorized reproductions of the tattoo designs they crafted on James, Kobe Bryant and other NBA players.

                  Among the eight designs in question are a child's portrait and script scrolls with clouds and doves on the forearms of James; and butterflies on the arm of the Lakers' Kobe Bryant.

                  S.O.S alleges to own copyrights of the tattoos and stated they never permitted the visuals of their art to be used by those companies. There is a precedent for such suits.

                  Previously: Tattoo artists want money for designs in NBA 2K16; you agree?

                  Tattoo artist S. Victor Whitmill, who created the face tattoo design for former heavyweight champion Mike Tyson, sued Warner Bros. in 2011 for using his design on a character in the movie, "The Hangover Part II."

                  The suit was eventually settled out of court for an undisclosed amount.

                  Jokingly, James said, "I'm going to copyright my lips," as he retreated to take the court for shootaround in advance of tonight's game against the Charlotte Hornets. The lawsuit appears to be something he's not too concerned with.

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                  • Geolink
                    Pro
                    • Sep 2011
                    • 652

                    #159
                    Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                    Will the barbers sue next for face scanning the players hair?

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                    • jeremym480
                      Speak it into existence
                      • Oct 2008
                      • 18197

                      #160
                      Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                      How is all of this stuff even accounted for? If an NBA player gets a tattoo does he have to have his lawyer present? Or do tattoo shops have you fill out a bunch of paper work like when you're buying a house or something? Do they keep detailed records of every celebrities tattoos that the create just for situations like this?

                      If Lebron says that he designed the tattoo and the Solid Oak Sketches says that they did is there even a way to prove it? I guess it's his word against theirs, but what reason would Lebron have for saying that it's his design?
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                      • 24ct
                        Pro
                        • Sep 2012
                        • 884

                        #161
                        Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                        I think ppl are taking this too far honestly. If LeBron drew a tattoo he would own that intellectual property. If he got it tatted the studio wouldn't own it based on copyright laws. Unless of course the actual picture he drew wasn't copywritten by LeBron himself. Then the studio could technically copyright the picture & own it. Like Michael Jackson purchased the Beatles discography. He bought it. If I draw/create something & don't get it copywritten then someone else can copywrite it & own it. That goes with an idea or whatever. If I don't copyright it I own the intellectual property by default. But if someone copyrights it 1st they own that copyright as physical evidence regardless of me owning the intellectual property. Obviously the guys who created these works of art got the work registered. That's how they're able to sue & get a settlement.

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                        • jeebs9
                          Fear is the Unknown
                          • Oct 2008
                          • 47561

                          #162
                          This is crazy lol
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                          • 24ct
                            Pro
                            • Sep 2012
                            • 884

                            #163
                            Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                            I'm pretty sure the studios creating these works are getting the copyright for them. It's not like buying a painting from an auction & then giving certain proceeds to the artist. The artist has already sold it. The only way any proceeds would go to the artist is if it's already a contract in writing. If so then yes they would have to pay whatever they agreed on.

                            I definitely understand why they're suing. Imagine if you made a song & 2k used that song you own copyrights to without your permission. It's the same exact thing only it's artwork. Regardless of what ppl think they're artists. It's not all the tattoos just specific ones by this specific studio. They own the copyright so it's their right to sue for permissible use.

                            Sidenote: I have a bunch of tattoos in real life. 1 of which I got from an online website that I had to pay for the design. The rest I had custom drawn but on the site they stated on the work was copywritten. To the point where you couldn't right click & save it as a file. If you tried the site would pop up a copyright warning with the year. It was also watermarked so you couldn't just steal it.

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                            • CujoMatty
                              Member of Rush Nation
                              • Oct 2007
                              • 5441

                              #164
                              Originally posted by CM Hooe
                              The answer to this question has literally no relevance as to the merits of the suit filed against 2K Sports and the publisher's alleged improper misuse of intellectual property belonging to tattoo artists in the NBA 2K video games.
                              Cmon you know why they arent suing EA for NBA live and it's the same reason that this whole thing is bogus. There's no money in suing NBA live, that's it, bottom line. They are going after 2k because it sold a million copies ( I have no idea exactly how many but it's a lot) and not EA because it sold 10 thousand (i haver no idea exactly how many but it's not a lot) if you had some actual concern for your "art" you'd Sue EA on principle. Nope it's a money grab.
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                              • Junior Moe
                                MVP
                                • Jul 2009
                                • 3856

                                #165
                                Re: Take-Two Interactive & Visual Concepts Sued By Tattoo Artists

                                Originally posted by cujomatty
                                Cmon you know why they arent suing EA for NBA live and it's the same reason that this whole thing is bogus. There's no money in suing NBA live, that's it, bottom line. They are going after 2k because it sold a million copies ( I have no idea exactly how many but it's a lot) and not EA because it sold 10 thousand (i haver no idea exactly how many but it's not a lot) if you had some actual concern for your "art" you'd Sue EA on principle. Nope it's a money grab.
                                It could be a money grab. But from the looks of things they are in the right. But I find it odd how people cite the precedence of Madden's tattoo situation and slam dunk prognostications of tottoos being removed while not acknowledging that EA is still doing the same thing with Live after the Madden lawsuit. NBA Live and NBA 2K are more analogous (governed by same set of legalities being NBA properties) than NBA2K is to Madden or The Show. Seems I remember reading something about how the NBA handles tattoos differently.

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