Tattoo artist successfully sues 2K for replicating their designs

[Kane99]

The tattoos of pro wrestler Randy Orton probably won't be added in future games. The tattoo artist who did the tattoos, has sued 2K and WWE for the use of her art, and she actually won. The artist has been in contact with the WWE since 2009 about merchandise using her designs. The WWE originally offered $450 to buy the rights, but she turned it down. And in 2018, she decided to sue as many past games featured the said tattoos. 

2K thought it was fair use, but not the jury, they believe she was entitled to damages. Sadly those damages weren't much, as she only received $3,750 in damages. They found that since no one was buying the games for her art, she wasn't entitled to anything else. 

Even so, this case could set a precedent for artists and their use of tattoos in games. Imagine the many games that feature real tattoos. It could in turn require developers/publishers to licence the tattoos, which I don't think would happen. If anything they would have to get creative and make up their own tattoos going forward. As I doubt studios will want to pay to license real tattoo art. Or they could pay a simple fee to use the tattoos, I'm sure she would gladly allow them to use the art if paid well. 

https://www.videogameschronicle.com/news/tattoo-artist-successfully-sues-2k-for-replicating-their-designs-on-a-wwe-2k-wrestler/

[Ajibusu]

I am one of those that believe that creatives should be paid for doing the work that they do. I mean, there is no big deal in ensuring that they got her permission before going ahead to use her art in making their games. Now, they gone through the court stress and all of that.

[Crazycrab]

I'm a little ambivalent about this.  One one hand 2K are essentially copying her art and using in paid entertainment products. In most other circumstances it's a clear violation of copyright. That being said, I also think it's kinda petty on the part of the artist.  The art is permanently inked on Randy Orton's body who obviously agreed to have his likeness used in the games.  Assumably he paid for the tattoos so isn't it up to him where they can and cannot be displayed right?

 

It's kinda sad now that fans won't get the true likness of Randy Orton in future games.  I think the main point to come out of this is that this situation and conditions need to be made more clear in the future.

[Empire]

I do not know much about it but maybe it's down to money more then anything that those people do....

[Justin11]

Hmm, their is nothing that can't be protected within the laws of copyright. Imagine the lady getting compensated for the breach of WWE entertainment using her tattoo art via their own development. In EA FIFA series, players tattoo is featured in-game because EA covered their license right through the agreement with their various clubs. 

[killamch89]

That is the law to be fair - so she can sue and it's within her right especially if the WWE didn't acquire the rights to the tattoo designs. However, this could have a knock-on effect as I see more people coming forward and also suing them down the line.

[Justin11]

On 10/6/2022 at 7:21 PM, killamch89 said:

That is the law to be fair - so she can sue and it's within her right especially if the WWE didn't acquire the rights to the tattoo designs. However, this could have a knock-on effect as I see more people coming forward and also suing them down the line.

It's her intellectual property and so they should pay before using it, if any other Game company takes any of 2k games design they too would be quick to sue them as well.