|The real Carlos Condit in action ...|
|... his virtual version ...|
Escobedo claimed that this amounted to $4.16m, ie 2% cut of all post-bankruptcy sales of UFC Undisputed 3. The judge disagreed and valued the claim at a slightly lower value: $22,500, this being the same amount Condit himself had been paid for the use of his image in the game.
Clearly Escobedo was not satisfied with this outcome. Thus a few days ago he appealed the order before a bankruptcy appeal panel. Escobedo's attorney asked to determine what royalty a hypothetical negotiation between his client and THQ would have produced and made the argument that Escobedo would have negotiated a per game royalty rather than a one-time fee.
|... and his Kat version |
(you may have fun trying to guess which he is)
- the likelihood that a tattoo on another person's body is not copyrightable,
- the likelihood that Condit had an implied license to license to THQ his own digital image (including an image of his lion tattoo), without restriction by a tattoo artist [Escobedo and Condit never signed a written agreement]; and
- the likelihood that, if the lion tattoo is copyrightable, Condit would have to at least be considered a joint author of the tattoo with an equal right to license it to others.
|Who sports it best?|