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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.”
在撤销控诉后，法官最终允许了有关洛杉矶湖人球星LeBron James的刺青在2k中复制的诉
讼
曼哈顿联邦法官Laura Swain驳回了Take-Two(2K游戏厂商)在2016年的诉讼，他认为刺青的
使用过于琐碎，无法认同(控告方)，Solid Oak Sketchs(设计LBJ刺青的公司)声称，NBA球
员身上的刺青被展示的行为，侵犯了他们公司设计刺青的版权
诉讼中包含的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法官援引了专家的分析指出，仅有0.0000286%到0.0000431%的2K游戏数据用于球员身
上的刺青，这些刺青在游戏过程中大部分都被遮盖，Swain赞成Take-Two认为刺青是合理使
用的论点，因为刺青不再仅是艺术家的设计，而是属于球员形象的一部分
Swain写道“纹身仅出现在那些有被签署的球员，在400多个可使用的球员中仅有3位”“不
容质疑的事实记录表明，普通游戏中不太可能包含带有刺青的球员，即使有包括，刺青的
显示也是极小且不明显的，在球员的众多特征中，仅作为快速移动人物的快速移动视觉特
效(?)，此外，游戏的行销材料中不曾出现刺青的特征