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Tattoo artist suing THQ over UFC Undisputed

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11/16/12 10:13 PM

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Underground Blog 37 The total sum of your votes up and votes down

Member Since: 12/3/08
Posts: 10570
MixedMartialArts.com

Chris Escobedo, the owner of Elite Tattoo, has filed a lawsuit in the United States District Court of Arizona for copyright infringement against THQ, Inc., the makers of the hit mixed martial arts (“MMA”) video games UFC Undisputed and UFC Undisputed 3. (United States District Court, Court of Arizona Case 2:12-cv-02470-JAT) Escobedo, who is represented by Maria Crimi Speth of Jaburg|Wilk in the lawsuit, tattooed a large lion on the side of Carlos Condit, the current interim welterweight champion of the UFC. The lion tattoo was Escobedo’s original creation, and it is alleged that it was then re-drawn by THQ’s animators for use in the video games. Escobedo did not authorize the copying of his original artwork.

“I would not have agreed to the recreation of the tattoo by an animator,” says Escobedo, who explains that if he had been approached by THQ to license the tattoo, at a minimum he would have insisted on approving the artwork and being fairly compensated.

“People often believe that they own the images that are tattooed on them by tattoo artists,” explains Speth. “In reality, the owner of the tattoo artwork is the creator of the work, unless there is a written assignment of the copyright in the tattoo art.” Escobedo and Condit never had a written agreement. Thus, claims Escobedo in the lawsuit, he remains the owner of the copyright over the image he drew.

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11/16/12 10:15 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
bonersaurus 14 Member Since: 11/28/07 Posts: 3368	Good luck getting money from THQ. Get in line. You have ignored this user.

11/16/12 10:16 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
SonOfThePeepHole Member Since: 4/10/11 Posts: 4825	THQ will be no more come the new year you can bet on that You have ignored this user.

11/16/12 10:18 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
40oztofreedom 30 Member Since: 9/17/11 Posts: 482	Shouldn't be a tattoo artist if he's so possessive of his own work. If you tattoo someone, you're selling your art away to someone. You don't own his skin now, you greedy bastard You have ignored this user.

11/16/12 10:20 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
yellow wrkahlc 52 Member Since: 6/9/12 Posts: 4061	As a fellow artist, I can see where he's coming from. Unfortunately, it's obvious he's just trying to get paid. It's a fucking tattoo. Not a hanging piece of art work in a museum or a clothing line logo. This is the most ridiculous thing I've ever heard. You have ignored this user.

11/16/12 10:23 PM

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MasterofMartialArts 56 The total sum of your votes up and votes down

Member Since: 10/9/10
Posts: 3910

yellow wrkahlc -
As a fellow artist, I can see where he's coming from.

Unfortunately, it's obvious he's just trying to get paid. It's a fucking tattoo. Not a hanging piece of art work in a museum or a clothing line logo.

This is the most ridiculous thing I've ever heard.

This
I would be somewhat annoyed by that, but still. You are putting it on a fucking person. People probably steal the idea all the time and its not like its an insanely original piece of art. Phone Post

11/16/12 10:25 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
torquemada 215 Member Since: 1/15/06 Posts: 8646	So my tattoos aren't mine? Can't wrap my head around that... You have ignored this user.

11/16/12 10:29 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
Ktaco 2 Member Since: 4/28/10 Posts: 594	Doesn't surprise me, everybody is "sue crazy" now a days. Wouldn't every tattoo be unique in it's own way? So everytime a picture is taken or someone with a tattoo, the artist should be compensated? Did this guy actually have the design of the lion copyrighted? You have ignored this user.

11/16/12 10:30 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
KZTT_Dead Roman Member Since: 5/14/10 Posts: 3998	Tat artist is a fucking idiot and a scumbag. Get the fuck out of here if you think you own the artwork. At BEST tattoos are a collaboration between the artist and person recieving the tatto. You are a contractor being hired to do a job, once the job is complete you are no linger the owner of work done. You have ignored this user.

11/16/12 10:33 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
yellow wrkahlc 52 Member Since: 6/9/12 Posts: 4063	torquemada - So my tattoos aren't mine? Can't wrap my head around that... Nope. Give them back. You have ignored this user.

11/16/12 10:35 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
40oztofreedom 30 Member Since: 9/17/11 Posts: 483	This bullshit effects Carlos too. Now everyone knows he was tattoo'd by a cunt. Right before his big fight too... You have ignored this user.

11/16/12 10:36 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
Gooner H Smith 10 Member Since: 8/31/10 Posts: 695	Reasons why foreigners hate America.... You have ignored this user.

11/16/12 10:38 PM

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AssAssassin 2 The total sum of your votes up and votes down

Edited: 11/16/12 10:39 PM
Member Since: 8/20/09
Posts: 60

Let's not forget these big corporations wouldn't hesitate to sue anybody if you copied some of their artwork. They would sick their entire legal team on you and run you into the ground, regardless of whether their claim was just or not. We see this kind of bullshit all the time in copyright laws that favor corporations. I am not opposed to an artist retaining rights to his artwork.

11/16/12 10:41 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
Il Duce 39 Member Since: 2/1/12 Posts: 324	I'm buying the tattoo, not licensing it, bro. You have ignored this user.

11/16/12 10:42 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
Xad 8 Member Since: 10/9/05 Posts: 2923	Wonder if this is the guy: http://picasaweb.google.com/lh/photo/-yAvkYP6dwtKBYaBZ8QXAw You have ignored this user.

11/16/12 10:44 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
ElTriangulo 3 Member Since: 4/11/11 Posts: 597	Im sure Dan Hardy said this happened to him not that long ago You have ignored this user.

11/16/12 10:55 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
ranier wolfcastle 245 Member Since: 11/28/03 Posts: 58503	didnt think a drawing of a drawing was copywrite violation You have ignored this user.

11/16/12 10:59 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
Caleb R 91 Member Since: 3/21/07 Posts: 1745	What a bunch of horse shit You have ignored this user.

11/16/12 10:59 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
wooden shjip 1 Member Since: 8/10/11 Posts: 1	The same issue was raised by Mike Tyson's tattoo artist during The Hangover, really lame. You have ignored this user.

11/16/12 11:00 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
DevilsAdvocate 16 Member Since: 1/17/10 Posts: 3510	If you don't own the artwork, then why are you paying for it? If he wants to own the artwork and get royalties from its performances then he should do it for free. If he painted a picture, he wouldn't charge the canvas a fee and then sell the picture. Once money exchanged hands the artwork was sold. You have ignored this user.

11/16/12 11:00 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
Poonug 11 Member Since: 12/12/11 Posts: 140	This guy is scum You have ignored this user.

11/16/12 11:01 PM

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FinestScotch

Member Since: 7/16/12
Posts: 1301

Complete BS.

You tattoo'd someone, contributing to their likeness.

Likeness is the terminology used for these games licensing rights (rights to use the likeness of X fighter). Therefore, unless you agree with the fighter ahead of time that you get a piece of his likeness, you having created the art does not entitle you to jack shit.

You've been paid for your work already, you greedy POS.

11/16/12 11:08 PM

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yellow wrkahlc 52 The total sum of your votes up and votes down

Member Since: 6/9/12
Posts: 4064

FinestScotch -
Complete BS.

You tattoo'd someone, contributing to their likeness.

Likeness is the terminology used for these games licensing rights (rights to use the likeness of X fighter). Therefore, unless you agree with the fighter ahead of time that you get a piece of his likeness, you having created the art does not entitle you to jack shit.

You've been paid for your work already, you greedy POS.

/endthread

I'm all for copyright legality, but this tattoo shit does not fit the category.

11/16/12 11:10 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
Chareth Cutestory 41 Member Since: 6/27/10 Posts: 1854	Tattoos are commissioned, not licensed. Bullshit lawsuit is bullshit. You have ignored this user.

11/16/12 11:11 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
Nucky Member Since: 11/14/12 Posts: 104	this guy doesn't have a shot at seeing any money. You have ignored this user.

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