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Fair Use Video Games

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #3

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Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they...more

McDermott Will & Emery

Take Three for Take-Two: Jury Finds Implied License for Tattoos on Video-Game Avatar

A jury rejected allegations that a video-game maker’s use of tattoos in a game violated the copyright of the artist who inked them, finding the video-game maker had an implied license to depict a player’s tattoos in its...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2024 #4

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The U.S. Supreme Court on Monday declined to hear an appeal by U.S. Soccer, leaving it to face an antitrust lawsuit that could open up the United States to official soccer matches involving foreign clubs....more

Arnall Golden Gregory LLP

The Pitch - February 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Wilson Sonsini Goodrich & Rosati

Courts Offer Further Insight on Video Games, Tattoos, and Copyright Infringement

Recent court decisions have provided helpful guidance on copyright infringement and tattoo designs, an issue that has spurred litigation from both virtual and real-world tattoo depictions....more

Stark & Stark

Proprietary Ink: How One Tattoo Artist Took Take-Two to the Mat Over Unauthorized Use of Replica Tattoos on Wrestlers in WWE 2K...

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Tattoo artist Catherine Alexander (“Alexander”) filed a lawsuit against World Wrestling Entertainment Inc. (“WWE”) and video game maker Take-Two Interactive Software Inc. (“Take-Two”) claiming they violated her intellectual...more

Weintraub Tobin

Tattoo Artist Copyright Win Will Create Uncertainty Over Celebrities with Tattoos

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A jury in the District Court for the Southern District of Illinois in the case of Alexander v. Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two...more

Fox Rothschild LLP

Protecting Your IP in the Metaverse

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“Danger, Danger Will Robinson!” That was the warning of the guardian robot in the 60’s television show, Lost in Space. Intellectual property lawyers are giving similar warnings when it comes to protecting intellectual...more

Proskauer Rose LLP

Three Point Shot - Dec 2021

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink?

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In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss lawsuits over identifiable tattoos on professional athletes featured in video games, and who owns the copyright to body art. ...more

Weintraub Tobin

The Briefing by the IP Law Blog: Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink?

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In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss lawsuits over identifiable tattoos on professional athletes featured in video games, and who owns the copyright to body art. ...more

International Lawyers Network

Out Of Character: Jersey Boys, Detective Stories, & The Case Of Space-Traveling Tardigrades

At heart, and still, I am a non-singing Jersey Boy, and one who grew up reading Sherlock Holmes stories and watching Star Trek, the Original Series (before it even needed that modifier), in reruns in the 1970s while also...more

JAMS

Keepin' It Real: Courts Recognize the Legitimate Goal of Video Game Makers

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In two recent cases, federal courts have ruled in favor of video game makers regarding their use of certain images in their games. In each instance, the court took note of the video game company’s purpose in using the...more

Wilson Sonsini Goodrich & Rosati

N.Y. District Court Rules on Depictions of Products and Works in Video Games

Recently, the United States District Court of the Southern District of New York issued rulings regarding the depiction of "real world" content in digital environments. In both instances the cases were decided in favor of the...more

ArentFox Schiff

Slowly Resolving the Uncertainty Surrounding Tattoos and Copyright Law: Solid Oak Sketches V. 2k Games and Take-Two

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Although it is generally accepted that tattoos are copyrightable, one of the only definitive judicial statements on the issue came by way of a preliminary injunction hearing in 2011 involving Mike Tyson’s famous tribal face...more

Carlton Fields

Getting Creative with Video Games: Copyright, Public Domain, and Fair Use

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Back to Basics: A Primer on Intellectual Property Rights in Video Games - In this series, we discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and other...more

Robins Kaplan LLP

ReDigi Wants a Re-Do at the High Court

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ReDigi, an online platform that allows users to buy and sell pre-owned digital content directly from other consumers, is asking the Supreme Court to overturn a ruling finding that its services were not protected by the...more

Manatt, Phelps & Phillips, LLP

NBA 2K Tattoo Copyright Dispute Blocked

A case of whether tattoos are entitled to de minimis and fair use copyright protection continues to move through the courts, with a New York federal judge allowing a tattoo artist’s lawsuit against a video game manufacturer...more

Weintraub Tobin

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

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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

Fox Rothschild LLP

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

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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

Weintraub Tobin

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

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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

Manatt, Phelps & Phillips, LLP

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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