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ARTICLE · 08 FEBRUARY 2016

The King and his (tattoo artist's) copyright

No Australian court has determined if copyright is in a tattoo, but a US judge opined that the artist had a strong case.

AustraliaIntellectual Property

We're not talking about a boring old monarch – we're talking the King: LeBron James, the 2nd GOAT* and the Cleveland Cavaliers' best hope of winning an NBA championship.

The video game NBA 2K16 (4 / 5 stars, would play again), features all the big name players and their likenesses, like King James and Kobe Bryant. The game, in what was likely an attempt to have 'super realistic' game play, also depicts the players' distinctive tattoos.

Solid Oak Sketches, a tattoo company, says it owns the copyright in 8 tattoos featured in the game, including some of LeBron's ink, and should be fairly compensated for the unlicensed use of its copyright in the game – seeking damages to be assessed at trial or alternatively, the maximum statutory damages available under US law, namely $US150,000 per infringement.

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