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Tattoos Fair Use

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

Perkins Coie

The Legal Future of Tattoos: A Jury Rules Against Copyright Infringement

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A federal jury in California found on January 26, 2024, that TV-famous tattoo artist Katherine Von Drachenberg (Kat Von D) did not infringe plaintiff Jeffrey Sedlik’s copyrighted photo of jazz artist Miles Davis. Kat Von D...more

Faegre Drinker Biddle & Reath LLP

Avoiding Warhol: How Celebrity Tattoo Artist Kat Von D Turned Defeat Into Victory in the Central District of California

When celebrity tattoo artist Katherine Von Drachenberg (better known as Kat Von D) tattooed a portrait of Miles Davis on her friend Blake Farmer’s arm as a gift, she used a reference photo created by professional photographer...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...

Stark & Stark on

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

Weintraub Tobin on

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

Weintraub Tobin

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

Weintraub Tobin on

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?

Weintraub Tobin on

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

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

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

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

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