įurthermore, the court also found an implied license for Take-Two to use the tattoos in the game as a part of the player’s likeness. Therefore, Take-Two’s use of the tattoos falls below the quantitative threshold of substantial similarity. Also, in the game they are so small and distorted that they often appear out-of-notice to the average game users. The tattoos will appear only after a user chooses three certain players from over 400 available options. Īfter examining Take-Two’s evidence and the expert testimonies, the court found that the use of the disputed tattoos is de minimis. Also, the tattoos are further obscured by a player’s quick movements in the game, making them less noticeable by a game user. The game sets a distant camera angle that renders the tattoos at a relatively smaller size than in the real world. The tattoos are thus included to “depict the physical likenesses of the real-world basketball players as realistically as possible.” However, these tattoos are not always clearly seen by game users. The NBA 2K game includes many realistic components to provide an accurate simulation of an actual NBA game. Moreover, the players also granted Take-Two permission to use their likeness. The players have given the NBA the right to license their likeness to third parties.
On the other hand, Take-Two has obtained a license to exploit the player’s likeness from the NBA. Neither does Solid Oak hold any trademark or publicity rights to the NBA player’s likeness. In this case, Solid Oak holds an exclusive license to each of the disputed tattoos, yet it is not licensed to apply the tattoos to a person’s skin. Solid Oak is a tattoo licensing company that purchases copyrights from independent tattooists. The central inquiry was whether Solid Oak could exclude Take-Two from using the tattoos in the game. Take-Two then moved for summary judgment on the ground of de minimum use and fair use, and thus to dismiss the plaintiff’s claim. In 2016, the plaintiff, Solid Oak Sketches, LLC (“Solid Oak”), alleged that Take-Two infringed its copyrights of the depicted tattoos. The basketball simulation game features lifelike depictions of NBA players and their tattoos.
Graffiti tattoos series#
(hereinafter collectively as “Take-Two”), are the developers of the video game series NBA 2K. This time however, it is not the players themselves, but their tattoos that have become a central issue. Several National Basketball Association (“NBA”) stars, including LeBron James, are involved in this case. The recent Solid Oak case from New York catches a lot of basketball and video game lovers’ attention. Which One Is Copied? The Tattoo or the Person?
This feature raises a legal question in practice: do tattoos and graffiti enjoy standalone copyright protection when displayed adjacently with other objects?
Graffiti tattoos skin#
However, tattoos and graffiti share one feature that distinguishes them from other types of art-they have to be in physical connection to certain substances, i.e., human skin or building surface, to fully present their artistic expression. It is now generally understood that tattoos and graffiti are also copyrightable work when they show original expression. Now they have become an important part of street culture in America and enjoy greater popularity than ever before. Tattoos and graffiti are not quite the symbols of rebellion they once were.
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