UnderGround Forum >> Tattoo artist suing THQ over UFC Undisputed
| 11/17/12 4:20 AM | |
Bucephalus
588
Member Since: 10/22/12 Posts: 496 |
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 | |
chaplinshouse
445
Member Since: 4/5/09 Posts: 3196 |
yellow wrkahlc - if u can see where he's coming from why is it the most ridiculous thing you've ever heard?
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| 11/17/12 4:30 AM | |
Bucephalus
588
Edited: 11/17/12 4:30 AM Member Since: 10/22/12 Posts: 497 |
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 | |
yellow wrkahlc
53
Member Since: 6/9/12 Posts: 4081 |
chaplinshouse -yellow wrkahlc - 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.
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| 11/17/12 4:43 AM | |
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GelderdEnd
Member Since: 6/3/11 Posts: 1114 |
yellow wrkahlc -Haha awesome!!!!
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| 11/17/12 4:47 AM | |
yellow wrkahlc
53
Member Since: 6/9/12 Posts: 4083 |
btw, LMFAO at such a generic tribal tattoo warranting a copyright and lawsuit. Tyson's artist must be soooo damn creative.
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| 11/17/12 4:49 AM | |
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shallowkal
Member Since: 2/23/10 Posts: 122 |
MasterofMartialArts -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.yellow wrkahlc -This
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| 11/17/12 4:52 AM | |
sockeye
84
Member Since: 3/9/08 Posts: 4960 |
So if I decided to buy his lion artwork this would mean Carlos Conduit is mine for keeps?
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| 11/17/12 5:11 AM | |
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NotJustA12er
Member Since: 1/23/12 Posts: 1496 |
You buy a tattoo in time . That's how it is measured, priced and paid for. He doesn't own shit !
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| 11/17/12 5:45 AM | |
chaplinshouse
445
Member Since: 4/5/09 Posts: 3197 |
yellow wrkahlc -chaplinshouse -yellow wrkahlc - 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 | |
UGCTT_Fraser_Finlay
210
Member Since: 8/14/11 Posts: 11164 |
Lol, THQ don't have any money! This asshole is trying to push every last inch out of a donkey with a broken leg.
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| 11/17/12 5:55 AM | |
yellow wrkahlc
53
Member Since: 6/9/12 Posts: 4091 |
chaplinshouse -yellow wrkahlc -chaplinshouse -yellow wrkahlc - 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 | |
UGCTT_ScarecrowRio
38
Member Since: 5/6/11 Posts: 1435 |
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.
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| 11/17/12 6:21 AM | |
john joe
143
Member Since: 8/21/06 Posts: 6019 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 | |
yellow wrkahlc
53
Member Since: 6/9/12 Posts: 4097 |
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. 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 | |
Sergio88
228
Member Since: 12/1/11 Posts: 3054 |
Sub.
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| 11/17/12 7:00 AM | |
Ryan Black
59
Member Since: 4/30/12 Posts: 1081 |
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.
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| 11/17/12 7:11 AM | |
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KZTT_Dead Roman
Member Since: 5/14/10 Posts: 3999 |
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.
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| 11/17/12 7:12 AM | |
pidgey
1
Member Since: 2/27/11 Posts: 1644 |
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
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| 11/17/12 7:14 AM | |
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Dobba1
Member Since: 9/9/12 Posts: 1 |
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!
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| 11/17/12 7:36 AM | |
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HexRei
Member Since: 6/4/07 Posts: 11493 |
yellow wrkahlc - 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
Member Since: 7/19/12 Posts: 387 |
It depends on commercial rights if one can make money of other people's work.
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| 11/17/12 8:26 AM | |
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HexRei
Member Since: 6/4/07 Posts: 11494 |
Tolstolobic - It depends on commercial rights if one can make money of other people's work. 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
Member Since: 6/4/07 Posts: 11495 |
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 | |
ComeatMeBro
14
Member Since: 12/29/11 Posts: 56 |
this dudes greasy |
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