News & Analysis as of

Fair Use Video Games

Taking His Talents To The Southern District Of New York: Are LeBron James’ Tattoos Subject To Copyright?

by Weintraub Tobin on

With nearly 30% of Americans sporting at least one tattoo (up from 20% just four years ago), tattoos are becoming commonplace. This is even clearer among younger Americans, with nearly half of Millennials sporting ink. ...more

“Let’s Play:” DMCA Takedown Notices and Game Developer Acquiescence

There is an entire gaming sub-culture developed around watching others play video games. I’m not talking about gathering around the Game Cube in your friend’s basement and passing the only controller. “Let’s Play” videos...more

Creator Of NBA 2K16 Warns Tattoo Lawsuit Could Leave Lasting Impression

by Fox Rothschild LLP on

A multi-million dollar lawsuit for copyright infringement against Take Two Software, the creators of NBA 2K16 has proved to be anything but a slam dunk. The alleged infringement concerns player avatars displaying tattoos...more

Fair use blocks out copyright claim over LeBron’s tattoo

by Thompson Coburn LLP on

Courtside questions: Is it fair or foul to show a player’s tattoo in a video game? LeBron James is a talented individual: three-time NBA Champion; 13-time NBA All-Star. And he gave a more than respectable performance playing...more

Tattoo Infringement Case Against NBA 2K Game Publisher Shows Misunderstanding of Applicability of Statutory Damages

by Weintraub Tobin on

This isn’t just another tattoo-copyright infringement case. This case raises an important lesson for all copyright claimants. The backstory: Solid Oak is a licensing firm that represents the go to tattoo artists for...more

December 2012: Sports Litigation Update

District Court Finds Appearance of Logo in Documentaries and Stadium Displays, but Not Video Games, to Be Fair Uses: A recent decision by Judge Marvin J. Garbis in the District Court of Maryland has provided further guidance...more

Court Tackles Copyright Issue of "Throwback" NFL Uniforms in Video Games

Many video game creators go to great lengths to ensure that their games are highly realistic. Weapons, sound effects, uniforms, athletic abilities, locations, logos and other details are often copied from the real world and...more

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