NBA 2K’s real tattoos are taking it to a different kind of court

With increasing frequency, video games are depicting tattoos that very closely resemble those inked on the bodies of prominent professional athletes.  While many would assume these tattoos belong exclusively to the wearer, the legal reality is that their depiction in video games might be illegal because tattoo artists can copyright the designs that they ink.  Exactly how far copyright protection for these tattoos extends has yet to be decided by a U.S. court, but a recent lawsuit against the developers of the NBA 2K video games, Take-Two Interactive, might provide guidance to tattoo artists, video game developers, and athletes.

NBA 2K’s tattoos and the question of ownership

Solid Oak Sketches is suing Take-Two Interactive, alleging copyright infringement for unauthorized use of Solid Oak’s tattoos as they appear on a host of NBA all-stars, including LeBron James, Stephen Curry, and DeAndre Jordan. (Solid Oak Sketches, LLC v. Visual Concepts, LLC et al, Case No. 1:16-cv-00724). The original tattoo artists have signed copyright licensing agreements with Solid Oak, which grant intellectual property rights under copyright law to Solid Oak as if they were the original artists. The dispute centers on whether Solid Oak’s tattoos are copyrightable and if so, whether Take-Two’s reproductions of the tattoos violate copyright law.