The tattoo artist efficiently sued 2K Sports activities and its father or mother firm Take-Two Interactive for utilizing her designs within the WWE 2K video video games.
Katherine Alexander filed a lawsuit in 2018 alleging that her tattoos had been used with out her permission in WWE 2K16, WWE 2K17 and WWE 2K18.
The tattoos in query are unique tribal fashion designs that Alexander inked on WWE celebrity Randy Orton’s higher again and arms in actual life.
As such, Orton’s character mannequin within the WWE 2K video games additionally included tattoos because of 2K’s makes an attempt to faithfully recreate his look.
In her unique lawsuit, Alexander claimed that she contacted WWE in 2009 about promoting Randy Orton merchandise of her design and was supplied $450 for the rights, which she turned down.
2K argued that using the tattoos was thought of truthful use as a result of they had been used to realistically recreate Orton and never for Alexander’s unique expressive functions.
Nonetheless, a jury within the U.S. District Court docket for the Southern District of Illinois rejected that argument, discovering that using Alexandra’s tattoos within the sport was not truthful use and that she was entitled to damages.
The jury decided that Alexander was entitled to $3,750 in damages. It additionally decided that since no revenue from the sport was made because of the inclusion of her tattoos, she was not entitled to any additional compensation.
Whereas the ultimate quantity could also be thought of comparatively small, it units a possible precedent for different tattoo artists to make comparable claims if their designs are reproduced on athletes in video video games.
In 2020, Take-Two received the same lawsuit during which tattoo firm Stable Oak Sketches claimed it copyrighted tattoo designs of NBA stars LeBron James, Kenyon Martin, and Eric Bledsoe that had been recreated in NBA 2K video games with out permission.
On this case, the lawsuit was unsuccessful, and the decide concluded that Take-Two had an implied license to make use of the tattoos as a result of its cope with the NBA included the rights to depict the gamers.