UnderGround Forum >> Tattoo artist suing THQ over UFC Undisputed

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11/17/12 4:20 AM
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Bucephalus 588 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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Whitmill v. Warner Bros. Entertainment Inc.
2011

Victor Whitmill is a tattoo artist that created the artistic design on the face of the famous boxer Mike Tyson. Whitmill did not sign over his copyright to Tyson, therefore the ink on Tyson's face is exclusively Whitmill's. When Warner Brothers released a movie called The Hangover Part II, a copy of Whitmill's design for Tyson's tattoo was displayed on actor Ed Helms. It was not only featured as a main part of the movie, but was also advertised on all of the movie's posters. This reproduction of Tyson's tattoo proves to be a derivative work of Whitmill's design. Because Whitmill is the copyright holder, it is up to him to decide how his art is sold, used, or displayed. He quickly registered Tyson's tattoo, hoping to have a case against Warner Brothers. He asked the Warner Brothers not release their movie, or at least digitally change the tattoo to look different. In his article The Copyright Implications of Tattoos, Timothy C. Bradley says, "By borrowing a painting from a friend one does not obtain the right to create reproductions of that painting. Similarly, by acting as a canvas, Tyson does not obtain the rights to recreate his tattoo on others." Granted Whitmill and the Warner Brothers corporation are not friends, you can see how these examples fit together. Warner Brothers said their use of the tattoo was a parody, which is an exception to copyright law, so this case was settled out of court. But Whitmill made sure his voice was at least heard.


Munster v. Swartz
2005

Amina Munster is a model who proudly, and legally, wears her tattoos in her photographs. She received a custom piece from a tattoo artist by the name of Tim Kern. A little less than a year after she got her tattoo, tattoo artist Brandon Swartz duplicated her piece onto a customer of his own. Munster is a public figure. She models for the Suicide Girls agency, who is known for their images of women's bodies decorated with tattoos and piercings. She became upset when she noticed her tattoo was placed on another person without permission. Since Kern signed over his rights to her, she was entitled to do something about it. She confronted the infringement by registering her tattoo piece to ensure that something like this would not happen again. Munster never sued the tattoo artist, but has made it publicly aware that this act was not lawful. She claims that she is going to sue the next person that tries this act without permission.


Reed v. Wallace
2005

Tattoo artist Mathew Reed created a custom piece for Rasheed Wallace. Wallace explained what he wanted on his arm and Reed drew it up. As you have learned from what you have read, this work was copyrighted as soon as the piece was finished on the paper or skin. But without permission from Reed, Wallace agreed to do a commercial with Nike. The ad focused on two of Wallace's tattoos, including the one done by Reed. It even went as far as to digitally recreate the work. When Reed saw the commercial, he took action and asked that the commercial be taken off the air, and any form of it off the internet. Obviously, as you can see, I have the commercial embedded here from YouTube. Whatever agreement was made, it did not successfuly stop this infringement from getting to the public.
11/17/12 4:25 AM
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chaplinshouse 445 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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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.

 


if u can see where he's coming from why is it the most ridiculous thing you've ever heard?

 

11/17/12 4:30 AM
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Bucephalus 588 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Edited: 11/17/12 4:30 AM
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I know many here would rather just post "what a dick!" (or some other meaningful insight).. but the fact is that it's an interesting case and one that is not without merit - at least more than has been given by many on this thread.
11/17/12 4:40 AM
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yellow wrkahlc 53 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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chaplinshouse - 
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.

 


if u can see where he's coming from why is it the most ridiculous thing you've ever heard?

 


It's understandable that he's upset over something he made being used without his permission. But I find it ridiculous because it's a tattoo. I've been commissioned multiple times for tats, and not once would even think of doing something like this.

He speaks as if they used the tattoo as a main focus of the game, and they're solely profitting off of that. It's obvious he just wants money. It's one thing if THQ was taking the tat and placing it on shirts in the game. But his case is just, for lack of a better term, retarded. The cases that Bucephalus posted above do have some ground to them, minus the first. Just another case of an artist being a greedy fuck.

It's ink that someone paid Escobedo to place on their body for life. How can he retain rights to that? THQ used Carlos' likeness, which means every bit of him. They're well within their legal rights to do so, and I don't see him getting money from them. Not one cent. Maybe a UFC 3 50% Off coupon, but that's it.

Greedy man is greedy.

 

 

11/17/12 4:43 AM
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GelderdEnd Send Private Message Add Comment To Profile

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yellow wrkahlc -

Called Carlos, asked him if he wanted me to redo his tat. Needless to say, it'll be ready by the time he steps into the cage with GSP.

 

And they said Escobedo was the only one who knew his lions...

Haha awesome!!!! Phone Post
11/17/12 4:47 AM
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yellow wrkahlc 53 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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btw, LMFAO at such a generic tribal tattoo warranting a copyright and lawsuit. Tyson's artist must be soooo damn creative.

11/17/12 4:49 AM
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shallowkal Send Private Message Add Comment To Profile

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MasterofMartialArts -
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
I can understand why he's doing it. I think he's trying to make some money. Its not like its a work of art tho, its just a fucking tattoo. Phone Post
11/17/12 4:52 AM
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sockeye 84 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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So if I decided to buy his lion artwork this would mean Carlos Conduit is mine for keeps? Phone Post
11/17/12 5:11 AM
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NotJustA12er Send Private Message Add Comment To Profile

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You buy a tattoo in time . That's how it is measured, priced and paid for.
He doesn't own shit ! Phone Post
11/17/12 5:45 AM
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chaplinshouse 445 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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yellow wrkahlc - 
chaplinshouse - 
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.

 


if u can see where he's coming from why is it the most ridiculous thing you've ever heard?

 


It's understandable that he's upset over something he made being used without his permission. But I find it ridiculous because it's a tattoo. I've been commissioned multiple times for tats, and not once would even think of doing something like this.

He speaks as if they used the tattoo as a main focus of the game, and they're solely profitting off of that. It's obvious he just wants money. It's one thing if THQ was taking the tat and placing it on shirts in the game. But his case is just, for lack of a better term, retarded. The cases that Bucephalus posted above do have some ground to them, minus the first. Just another case of an artist being a greedy fuck.

It's ink that someone paid Escobedo to place on their body for life. How can he retain rights to that? THQ used Carlos' likeness, which means every bit of him. They're well within their legal rights to do so, and I don't see him getting money from them. Not one cent. Maybe a UFC 3 50% Off coupon, but that's it.

Greedy man is greedy.

 

 


yeah i agree 100%, i just can't relate with the guy even though im an artist of a different field, not even a little.   what a piece of shit.  I guarantee this guy is talking up how his work is on a "ufc champion" maybe Carlos should sue.  And even that suit as ridiculous as it would be, would have more merit since the dude is actually trying to profit off Carlos' name, unlike THQ. 

worst case scenario:  he gets a crazy idiot judge that rules in his favor.  then the flood gates of tattoo artists who's work is in video games would open and people would consider tat artists scumbags that aren't worth the risk of trusting (esp if you're famous)

11/17/12 5:52 AM
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UGCTT_Fraser_Finlay 210 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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Lol, THQ don't have any money! This asshole is trying to push every last inch out of a donkey with a broken leg. Phone Post
11/17/12 5:55 AM
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yellow wrkahlc 53 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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chaplinshouse - 
yellow wrkahlc - 
chaplinshouse - 
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.

 


if u can see where he's coming from why is it the most ridiculous thing you've ever heard?

 


It's understandable that he's upset over something he made being used without his permission. But I find it ridiculous because it's a tattoo. I've been commissioned multiple times for tats, and not once would even think of doing something like this.

He speaks as if they used the tattoo as a main focus of the game, and they're solely profitting off of that. It's obvious he just wants money. It's one thing if THQ was taking the tat and placing it on shirts in the game. But his case is just, for lack of a better term, retarded. The cases that Bucephalus posted above do have some ground to them, minus the first. Just another case of an artist being a greedy fuck.

It's ink that someone paid Escobedo to place on their body for life. How can he retain rights to that? THQ used Carlos' likeness, which means every bit of him. They're well within their legal rights to do so, and I don't see him getting money from them. Not one cent. Maybe a UFC 3 50% Off coupon, but that's it.

Greedy man is greedy.

 

 


yeah i agree 100%, i just can't relate with the guy even though im an artist of a different field, not even a little.   what a piece of shit.  I guarantee this guy is talking up how his work is on a "ufc champion" maybe Carlos should sue.  And even that suit as ridiculous as it would be, would have more merit since the dude is actually trying to profit off Carlos' name, unlike THQ. 

worst case scenario:  he gets a crazy idiot judge that rules in his favor.  then the flood gates of tattoo artists who's work is in video games would open and people would consider tat artists scumbags that aren't worth the risk of trusting (esp if you're famous)


That's what worries me the most. A chain reaction continuing. Tattoos are pieces of artwork, and it's totally acceptable to place copyrights on them. But it's a dirty trick to do so AFTER you see an opportunity for financial gain.

Seriously, Bucephalus, thanks for posting those. While I don't agree with you, it's good that people can read the difference between those last two cases and this one. The first case (Tyson case) you posted troubles me because it's almost identicle to this one. It's a bullshit case, but the guy got money, and so could Escobedo.

 

As i said before, I hope this story gets out in his area and he loses some clients over it. You can't trust people like that, and for good reason.

11/17/12 6:10 AM
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UGCTT_ScarecrowRio 38 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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I wish I had signed those proof of ownership papers when I got my tattoos. My artist demanded his property back....god I miss fapping wiith good ol righty. Phone Post
11/17/12 6:21 AM
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john joe 143 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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Fighters Only, web monkey
imo: i would imagine that the permanent and non-retrievable tattooing of an artwork, commissioned by the recipient or other third-party, onto a person's body would on construction amount to a complete assignment of copyright in that item, rather than a mere license to 'wear' it. The tattoo is a part of Condit and a part of Condit's image rights, to dispose of as he/his image-right owners see fit.

source: trained as a lawyer before deciding to get a proper job, whereupon i started writing about cage-fighting

Stupid attempted bullshit money-grab; be interesting to see the court verdict on this one
11/17/12 6:28 AM
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yellow wrkahlc 53 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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john joe - imo: i would imagine that the permanent and non-retrievable tattooing of an artwork, commissioned by the recipient or other third-party, onto a person's body would on construction amount to a complete assignment of copyright in that item, rather than a mere license to 'wear' it. The tattoo is a part of Condit and a part of Condit's image rights, to dispose of as he/his image-right owners see fit.

source: trained as a lawyer before deciding to get a proper job, whereupon i started writing about cage-fighting

Stupid attempted bullshit money-grab; be interesting to see the court verdict on this one

Would this also apply to Wanderlei's tattoos?

 

I know they are both used in promotional items. I would imagine he bought the rights off the tattoo artist, correct?

11/17/12 6:43 AM
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Sergio88 228 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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Sub. Phone Post
11/17/12 7:00 AM
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Ryan Black 59 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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I really hope this doesn't work out in this guy's favor... because it is an obviously sleazy negative move that could change image-licensing laws, video games, action figures, etc. I'd hate to see that happen. Hopefully this guy gets properly called on his bullshit and this all gets squashed. Phone Post
11/17/12 7:11 AM
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KZTT_Dead Roman Send Private Message Add Comment To Profile

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AssAssassin - 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.
Stupid argument. Not even close to the same scenario. Phone Post
11/17/12 7:12 AM
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pidgey 1 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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lol so retarded.

What about all the actors with tattos appearing in movies?

or the models on magazines etc?

should the ufc pay every tattoo artist who put a tramp stamp on the ring girls?

lmao Phone Post
11/17/12 7:14 AM
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Dobba1 Send Private Message Add Comment To Profile

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This is fucking lame, the guy tattooed something on a fighter who paid for it. Does the guy want money every time Condit fights because its going to be on tv? It's a joke and a massive waste of time. Ps the tattoo is shit anyway! Phone Post
11/17/12 7:36 AM
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HexRei Send Private Message Add Comment To Profile

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yellow wrkahlc - 

btw, LMFAO at such a generic tribal tattoo warranting a copyright and lawsuit. Tyson's artist must be soooo damn creative.


That's basically the shit that 50% of highschool kids doodle in study hall.
11/17/12 7:58 AM
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Tolstolobic Send Private Message Add Comment To Profile

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It depends on commercial rights if one can make money of other people's work. Phone Post
11/17/12 8:26 AM
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HexRei Send Private Message Add Comment To Profile

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Tolstolobic -  It depends on commercial rights if one can make money of other people's work. Phone Post

Because Escobero's little tattoo on Carlos' in-game character is going to be selling LOTS of copies of the game, right? Maybe Carlos' hairstylist should be suing too.
11/17/12 8:28 AM
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HexRei Send Private Message Add Comment To Profile

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OH SHIT THE DRAGON TAT IS VISIBLE RIGHT HERE ON THE SIDEBAR, WHOEVER PUT THAT ON CARLOS BETTER FILE A LAWSUIT, STAT! MMA.TV IS MAKING MILLIONS OFF OF THAT INK!
11/17/12 8:45 AM
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ComeatMeBro 14 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

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this dudes greasy

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