Take-Two Emerges Victorious in Lawsuit with Tattoo Artist

Take-Two has secured a win in its lawsuit against tattoo artist Jimmy Hayden, who alleged that the NBA 2K series' depiction of LeBron James' tattoos constituted a breach of copyright. According to Reuters, an Ohio federal jury delivered its verdict on Friday, determining that Take-Two's licence to use James' image in the game effectively encompasses his tattoos, thereby negating any copyright infringement. The lawyer representing Take-Two, Dale Cendali of Kirkland & Ellis, hailed the verdict as a significant milestone for the entertainment industry, emphasizing its implications for individuals who have tattoos and may have concerns about sharing their images. Hayden initially filed the lawsuit in 2017, with an amended complaint in 2019 asserting copyright infringement. This is not the first instance of a tattoo artist taking Take-Two to court; Solid Oak Sketches filed a similar lawsuit in 2016, which Take-Two won in 2020 by arguing fair use. However, in a contrasting outcome, tattoo artist Catherine Alexander was awarded $3,750 in damages in 2022 after a jury ruled that the reproduction of her work on Randy Orton in the WWE 2K series did not constitute fair use.