In a significant legal victory for the video game industry, Take-Two Interactive has successfully defended itself against a lawsuit brought by a tattoo artist who claimed that the publisher had infringed on his copyright by recreating LeBron James’ tattoos in the NBA 2K series of basketball games.
On Friday, April 19th, a jury in Ohio ruled in favor of Take-Two, determining that the publisher did not infringe on tattoo artist Jimmy Hayden’s copyrights when it depicted James’ tattoos in the game. The case centered around whether Take-Two’s agreement to use James’ likeness in NBA 2K extended to the tattoos adorning the basketball star’s body.
Take-Two’s attorney, Dale Cendali, hailed the verdict as a victory for the entertainment industry and for anyone who has ever gotten a tattoo. “This is a victory for anyone who has ever gotten a tattoo and might have otherwise worried about their freedom to share their bodies with their tattoos,” Cendali stated.
The lawsuit, filed by Hayden in 2017, argued that Take-Two’s rendering of tattoos he had inked on James in multiple versions of NBA 2K infringed on his copyrights. Hayden has also created tattoos for other NBA stars, including Shaquille O’Neal and Kyrie Irving.
While the case may seem niche, it carried significant implications for the video game industry and the depiction of real-world individuals in games. A ruling in favor of Hayden could have set a precedent requiring publishers to obtain permission and potentially pay for the use of tattoos on athletes or other individuals represented in their games.
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This isn’t the first time Take-Two has faced legal challenges over tattoo depictions in its games. In 2020, the publisher successfully defended itself against a lawsuit brought by tattoo company Solid Oak Sketches, which claimed ownership of the copyrights to tattoo designs on NBA stars LeBron James, Kenyon Martin, and Eric Bledsoe. In that case, the judge ruled that Take-Two had an implied license to use the tattoos because its NBA deal included players’ likeness rights.
The recent Ohio verdict further solidifies Take-Two’s position and sets an important precedent for the video game industry. As realistic depictions of real-world individuals become increasingly common in games, the ability to accurately recreate their appearances, including tattoos, is crucial for maintaining authenticity.
While the legal battles over tattoo depictions may not be entirely resolved, Take-Two’s victory in the NBA 2K case represents a significant step forward, providing greater clarity and protection for game publishers seeking to faithfully represent individuals in their games without fear of copyright infringement claims from tattoo artists.
