The judge finally allowed the reproduction of the tattoos of Los Angeles Lakers star LeBron James in the NBA 2k after the case was dismissed.
The 2016 lawsuit against Take-Two Interactive was dismissed by Manhattan federal judge Laura Swain, who said the use of tattoos was too trivial to justify a discussion. Solid Oak Sketches claimed that its copyright was infringed because NBA players were shown with their tattoo designs licensed by the company.
Among the tattoos of James that were included in the trial were the portrait of a child, 330 and the flame and writing with parchment, clouds and pigeons.
Referring to expert analysis, Judge Swain found that only 0.000286% to 0.000431% of the data in the NBA 2K game is due to tattoos, which are usually blurred during the game. Swain supported Take-Two’s argument that tattoos are used fairly because they are no longer designed by artists, but become part of the player’s image.
Tattoos appear only on players who have ink on them, which is only three of the more than 400 players available, referee Swain wrote. The undisputed real-world record shows that there are virtually no players with tattoos in the middle of the game, and even when these players are activated, the display of the tattoos is small and blurred, with the same visual characters of fast-moving characters appearing in the players’ character groups. Moreover, there are no tattoos on the marketing material of the game.
Other tattoos were also done by other players, such as the wizard statto on the former Kenyan NBA forward Martinet and basketball star and the script on Milwaukee Bucks defender Erika Bledsow.
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