Video games based around sports like to get the players to look as real as possible, and that usually includes adding any notable tattoos. Well, one artist wasn’t having any part of that. Take-Two has defeated LeBron James’ tattoo artist in a lawsuit over copyright infringement.
The artist at the center of the lawsuit, Jimmy Hayden, began this legal endeavor in 2017, but it wasn’t until 2019 that he started to argue copyright infringement for the use of his work in Take-Two’s NBA 2K series. James was never involved in the lawsuit.
According to Reuters, though, a jury in Ohio determined that Take-Two did not infringe on the copyright because of an implied license that allowed the company to use James’ likeness, which included his tattoos.
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Attorney Dale Cendali of Kirkland & Ellis, who represented Take-Two, told Reuters that the decision was important for the entertainment industry and ” anyone who has ever gotten a tattoo and might have otherwise worried about their freedom to share their bodies with their tattoos.”
This isn’t the first time Take-Two has had to go to court for a case involving tattoos. Solid Oak Sketches, a notable tattoo studio, claimed copyright infringement against the company in 2016 due to it recreating tattoos of James and Kobe Bryant. Take-Two ended up winning the case in 2020 after proving fair use.
Take-Two wasn’t so lucky in 2022, however, when artist Catherine Alexander was awarded $3,700 after the company failed to prove its recreation of Randy Orton’s tattoos in the WWE 2K series fell under fair use.
NBA 2K24 is available now.
If you’re interested in more sports-related content, here’s a piece about how former NFL player Jason Kelce wants to revive the Backyard Football and Baseball series.
