|The discreet tattoo every |
gets upon joining the Kat team
As IPKat readers will remember, this fascinating question was addressed in a number of posts [here, here, here, here, and here] last year.
Most of them were prompted by publication on Forbes of an article that reported rumours that the NFLPA [this is the organisation that represents professional American football players in the National Football League] has become increasingly concerned about potential copyright claims concerning its members' tattoos, and has started advising agents to tell their players that, when they get tattoos, they should get a release from the tattoo artist and, if they can track down their former artists, they should get a release as well.
|Carlos Condit |
fighting in analogue ...
As the IPKat reported, back in 2012 an Arizona-based tattoo artist named Chris Escobedo sued video game publisher THQ over the UFC Undisputed games.
As summarised by The Legal Satyricon, the plaintiff had tattooed a lion on US mixed martial fighter Carlos Condit’s rib-cage, and claimed that he owned a valid copyright to that image. Therefore, unauthorised use by THQ of his work in UFC Undisputed 3 was tantamount to copyright infringement.
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.
|... and virtual format|
Clearly Escobedo was not satisfied with this outcome. 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. The debtors replied that Escobedo's claim must be reduced to reflect, among other things, the likelihood that a tattoo on another person's body cannot be protected by copyright.
|Colin in action|
|An official screenshot for|
the new Madden 15 video game