![]() #4 elements tattoo sleeve licenseA key element of the Solid Oak court’s finding of implied license was that the tattoo artist knew that their design was likely to appear in public, on television, in commercials, or in other media.Īlexander claimed that she has not given any of her clients permission to use copies of her tattoo work in video games, arguing that the WWE and Take Two exercised Orton’s rights to his own likeness and right to appear in media with an implied license to use merge their copyrights in perpetual and other commercial ways such as B. In Solid Oak, the court found that the sports characters featured in the NBA 2k video game had an implied license to use the tattoos on their bodies as elements of their likenesses and the right of the video game’s publisher to use the tattoos to represent the derivative players this implied license. Take Two had good reason to believe in its tacit license defense. WWE and Take Two then released the wrestling video games WWE 2K16, WWE 2K17, and WWE 2K18, which featured Orton with his tattoos. Alexander testified that she turned down the offer and told WWE that she had not given her permission to copy, duplicate, or otherwise reproduce any of her designs. She further testified that WWE subsequently offered her $450 for extensive rights to use and produce the tattoo designs on WWE products. She testified that a WWE representative laughed at her and explained that she had no reasons and that they could do whatever they wanted with Orton’s pictures because he was their wrestler. In court in 2009, Alexander testified that she approached WWE’s Legal Department to negotiate a license for a possible fake tattoo sleeve product depicting her tattoo work. These arguments were that (1) Take-Two’s use of the tattoos was authorized by tacit license, (2) the fair use doctrine isolates their use of the tattoos, and (3) the tattoos represent a minor part of the video game. On a summary judgment motion, Take Two made the same arguments that earned him a win Solid Oak Sketches v 2k games. Tattoo artist Catherine Alexander sued Take-Two and 2K Games in the US District Court for the Southern District of Illinois over the depiction of tattoos actually appearing on World Wrestling Entertainment wrestler Randy Orton in the WWE 2K video game. In the personal opinion of the author, the district court got everything wrong. #4 elements tattoo sleeve softwareTake-Two Interactive Software found that the depiction of wrestler Randy Orton’s tattoos in a video game published by Take Two Interactive violated the tattoo artist’s copyright in the tattoos. A jury in the District Court for the Southern District of Illinois in the case of Alexander vs. ![]()
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