Tattoo Artist Sues 2K Games Over LeBron James’ Tattoos in NBA 2K21
A tattoo artist is suing 2K Games, Inc., Take-Two Interactive Software (NASDAQ: TTWO), the makers of the popular video game NBA 2K21, for copyright infringement. The artist, James Hayden, claims that 2K used his original designs for the tattoos of LeBron James, Danny Green, and Tristan Thompson without his permission.
Hayden is a well-known tattoo artist who has worked with many celebrities, including James. He tattooed James’ arm with a large tattoo of a crown in 2018. This tattoo is also featured on James’ character in NBA 2K21.
Hayden initially filed a copyright case against the game creators in 2017. In 2022, a judge rejected a motion from the two defendants for summary judgment on the basis that NBA players’ tattoos depicted are fair use. At the time, the judge ruled that the case had enough of a material dispute of fact that should be resolved by a jury, not summary judgment.
Hayden’s August 31 filing is a complaint and demand for jury, which he indicated may be related to the previous case.
Rulings on similar cases
In 2020, Solid Oak Sketches, which claims to own the copyrights to the designs of a number of NBA players’ tattoos, lost a 2016 lawsuit against 2K Games and Take-Two for what it alleged were unauthorized reproductions of their tattoo designs in the NBA 2K franchise. The judge ruled the use of copyrighted material is de minimis since the tattoos only appear on three of 400 available players, and that when they are displayed, they are small and indistinct, and only appear rapidly. The judge also noted that the tattoos are not featured on any of the game’s marketing materials.
However just last year, a court ruled in favor of a tattoo artist who sued World Wrestling Entertainment Inc. and Take-Two for recreating tattoos she made for wrestler Randy Orton in the “WWE 2K” video game series without her permission. Catherine Alexander, the artist, was awarded $3,750 in damages.
In that case, the creators also alleged that they the tattoos depicted on Orton are fair use.
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