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ARTICLE · 13 JUNE 2017

Fair Use Blocks Out Copyright Claim Over Lebron's Tattoo

Courtside questions: Is it fair or foul to show a player's tattoo in a video game?

United StatesIntellectual Property

Courtside questions: Is it fair or foul to show a player's tattoo in a video game? LeBron James is a talented individual: three-time NBA Champion; 13-time NBA All-Star. And he gave a more than respectable performance playing himself in the movie "Trainwreck."

He also sports several tattoos, one of which – the Lion's Head Tattoo – was created by an artist who assigned his copyright rights in the tattoo to Solid Oak Sketches. Solid Oak sued Take-Two Interactive Software for copyright infringement last year, claiming it is a technical foul to display the copyrighted tattoo on LeBron's arm in Take-Two's popular NBA 2K line of video games. LeBron's "Lion's Head" tattoo (one of several Solid Oak tattoos at issue in the lawsuit), as it appears on his right arm, and as depicted in the video game, is shown above (photo and illustration credits: court file).

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