The tattoo artist who created LeBron James’ tattoo attempted to sue NBA 2K publisher Take-Two Interactive.
Jimmy Hayden sued the video game corporation, claiming that 2K participated in copyright infringement because his work on LeBron James has appeared in the game for six consecutive titles. Hayden revised his lawsuit in 2019. Several of his claims were dismissed from the case, but Hayden continued his lawsuit. He ended up suing 2k for two tattoos that appear on LeBron James in the game.
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The lawsuit is no longer active. On April 19th, a jury decided in favor of Take-Two Interactive. “NBA 2K” has featured LeBron James since “NBA 2K4”. NBA players are known to having a lot of tattoos on their body. A verdict in Hayden’s favor may have prompted hundreds of other tattoo artists to make similar claims. Take-Two claimed that their license to exploit LeBron James’ likeness encompassed The King’s many tattoos. The jury unanimously sided with the video game publisher.
Hayden isn’t quite done. He still has more cases relating to his work. His tattoos have appeared on NBA 2K21 players Danny Green, Tristan Thompson, and LeBron James. The lawsuit is not a frivolous financial grab. Take-Two has previously faced criticism for its portrayals of players’ tattoos. In 2020, Take-Two won a 2016 case against tattoo studio Solid Oak Sketches, which claimed identical infringement to Hayden. A judge awarded tattoo artist Catherine Alexander $3700 in damages in 2022 after Take-Two failed to demonstrate that their use of WWE star Randy Orton’s tattoos was likewise fair use.
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Tattoos, athletes, and video games have a lengthy legal history. The NFL requires players to obtain waivers from their tattoo artists. This policy was created to prevent unclear legal circumstances involving copyright from arising. The NBA should probably imitate the NFL’s policy. In any scenario, Hayden’s remaining litigation will proceed. There’s a chance he’ll beat the huge video game publisher this time.
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