CLUTCHPOINTS
https://tinyurl.com/yx646x76
REPORT: LeBron James tattoo lawsuit vs. NBA 2K dismissed by judge
by Virgil VillanuevaMarch 29, 2020
https://imgur.com/4KTL9be.jpg
A judge has finally allowed the tattoos of Los Angeles Lakers star LeBron
James to be replicated in NBA 2k after dismissing the lawsuit.
The lawsuit filed against Take-Two Interactive in 2016 was dismissed by
Manhattan federal judge Laura Swain, calling the use of tattoos too trivial
to warrant deliberation. Solid Oak Sketches claimed that their copyright was
infringed since the NBA players were shown with their tattoo designs for
which the company holds licenses.
Among James’ tattoos included in the lawsuit were those named “Child
Portrait,” “330 and Flames” and “Script with a Scroll, Clouds and Doves.”
在撤銷控訴後，法官最終允許了有關洛杉磯湖人球星LeBron James的刺青在2k中複製的訴
訟
曼哈頓聯邦法官Laura Swain駁回了Take-Two(2K遊戲廠商)在2016年的訴訟，他認為刺青的
使用過於瑣碎，無法認同(控告方)，Solid Oak Sketchs(設計LBJ刺青的公司)聲稱，NBA球
員身上的刺青被展示的行為，侵犯了他們公司設計刺青的版權
訴訟中包含的LBJ刺青有Child Portrait、330、Flames、Script with a Scroll、Clouds
以及Doves
Citing expert analysis, Judge Swain noted that “only 0.000286% to 0.000431%
of the NBA 2K game data is devoted to the Tattoos” which were mostly
obscured during gameplay. Swain sided with Take-Two’s argument that the
tattoos were fair use because they were no longer the artists’ designs but
have become part of the players’ likeness.
“The tattoos only appear on the players upon whom they are inked, which is
just three out of over 400 available players,” Judge Swain wrote. “The
undisputed factual record shows that average game play is unlikely to include
the players with the Tattoos and that, even when such players are included,
the display of the tattoos is small and indistinct, appearing as rapidly
moving visual features of rapidly moving figures in groups of player figures.
Furthermore, the tattoos are not featured on any of the game’s marketing
materials.”
Swain法官援引了專家的分析指出，僅有0.0000286%到0.0000431%的2K遊戲數據用於球員身
上的刺青，這些刺青在遊戲過程中大部分都被遮蓋，Swain贊成Take-Two認為刺青是合理使
用的論點，因為刺青不再僅是藝術家的設計，而是屬於球員形象的一部分
Swain寫道「紋身僅出現在那些有被簽署的球員，在400多個可使用的球員中僅有3位」「不
容質疑的事實記錄表明，普通遊戲中不太可能包含帶有刺青的球員，即使有包括，刺青的
顯示也是極小且不明顯的，在球員的眾多特徵中，僅作為快速移動人物的快速移動視覺特
效(?)，此外，遊戲的行銷材料中不曾出現刺青的特徵