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Tattoo artist suing THQ over UFC Undisputed

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11/18/12 6:02 AM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
CindyO Member Since: 2/10/06 Posts: 20678	I'd like to see a side by side comparison of Condits tattoo and the image used in the game. Cindy You have ignored this user.

11/18/12 7:16 AM

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Jump Kick 25 The total sum of your votes up and votes down

Member Since: 1/1/01
Posts: 14387

Macedawgg -
Judges consider the expectations of a reasonable person all the time when deciding an unclear area of the law.

I think it may in fact be not only considered, but strongly considered in determining who is better suited to bear the onus--the artist claiming the right, or the general public who for the most part have no idea it can be an issue.

The uninformed masses are not considered an average reasonable person for this analysis. Most uninformed people would believe they own rights to a painting if they purchased the original. The judge won't care. I'm not saying this guy is not a douche, just talking about the copyright issue. Phone Post

11/19/12 4:47 PM

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Tolstolobic

Member Since: 7/19/12
Posts: 396

HexRei -
Tolstolobic -
HexRei -
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.
Because its in content in their game they sell.

Well so is carlos' hair, which is a true work of art in itself. Hairstylist, file immediately!

Hairs grow naturally you don't buy em. Its between the artist and the company. Question is if there is any agreement between the tattoo artist and the customer. Like for example if you buy movie on DVD its yours but statutory rights doesn't allow you to upload it and make money of it. Phone Post

11/19/12 4:58 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
sacredhate 60 Member Since: 10/16/07 Posts: 13696	lots of people with superhero's, mickey mouse etc about to get their asses sued. You have ignored this user.

11/19/12 8:01 PM

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Macedawgg 6 The total sum of your votes up and votes down

Member Since: 7/2/03
Posts: 14225

Jump Kick -
Macedawgg -
Judges consider the expectations of a reasonable person all the time when deciding an unclear area of the law.

I think it may in fact be not only considered, but strongly considered in determining who is better suited to bear the onus--the artist claiming the right, or the general public who for the most part have no idea it can be an issue.
The uninformed masses are not considered an average reasonable person for this analysis. Most uninformed people would believe they own rights to a painting if they purchased the original. The judge won't care. I'm not saying this guy is not a douche, just talking about the copyright issue.

Given the hypothetical I was given--the populace WAS the uninformed masses.

There is, as a practical matter, a distinction that needs to be recognized in the first instance--a painting is bought and presumably hangs on a wall, a tattoo is part of your physical body. . .

Can the copyright holder insist you keep your shirt on if the tattoo is on your back? Can the tattoo artist require you to pay licensing fees if you appear in a maxim spread?

This issue is not near as clear cut as simple copyright analysis, and I believe judges will consider w\hat the average tattoo purchaser expects. It seems to me the better rule with a tattoo--as it is affixed to your body, would be to require the artist to obtain a written contract if he believes he retains rights.

Not saying this will be result--but I think it will be a large part of the analysis.

11/19/12 8:03 PM

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HexRei

Member Since: 6/4/07
Posts: 11520

Tolstolobic -
HexRei -
Tolstolobic -
HexRei -
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.
Because its in content in their game they sell.

Well so is carlos' hair, which is a true work of art in itself. Hairstylist, file immediately!
Hairs grow naturally you don't buy em. Its between the artist and the company. Question is if there is any agreement between the tattoo artist and the customer. Like for example if you buy movie on DVD its yours but statutory rights doesn't allow you to upload it and make money of it.

Skin grows naturally, you don't buy it. Therefore an artist working on skin can't copyright it.

Stone forms naturally. Therefore a scultor who chisels a statue out of a block can't copyright it.

Your argument is invalid.

11/20/12 5:58 PM

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Tolstolobic

Member Since: 7/19/12
Posts: 399

HexRei -
Tolstolobic -
HexRei -
Tolstolobic -
HexRei -
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.
Because its in content in their game they sell.

Well so is carlos' hair, which is a true work of art in itself. Hairstylist, file immediately!
Hairs grow naturally you don't buy em. Its between the artist and the company. Question is if there is any agreement between the tattoo artist and the customer. Like for example if you buy movie on DVD its yours but statutory rights doesn't allow you to upload it and make money of it.

Skin grows naturally, you don't buy it. Therefore an artist working on skin can't copyright it.

Stone forms naturally. Therefore a scultor who chisels a statue out of a block can't copyright it.

Your argument is invalid.

I'm not arguing, just giving my 2 cents Phone Post

11/20/12 6:17 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
Malagant 13 Member Since: 6/4/11 Posts: 49	He is looking to settle, like the Tyson artist /hangover case. The judge said there was some merit in the Tyson/hangover case and the studio's defence was silly, so Warner brothers settled with the guy before any judgements. You have ignored this user.

11/21/12 12:00 AM

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Tat2tillidie 207 The total sum of your votes up and votes down

Member Since: 12/17/10
Posts: 3797

Malagant - He is looking to settle, like the Tyson artist /hangover case. The judge said there was some merit in the Tyson/hangover case and the studio's defence was silly, so Warner brothers settled with the guy before any judgements.

Bs if true ... Your paper artwork may be copyrighted but once its on the skin it no longer looks exactly like the design ... So his argument is crap ... Once Carlos signed a release form and got the tattoo it was his to deal with unless in the release form some people add that any and all photos be credited to the artist and not to be duplicated without prior consent ... Phone Post

11/21/12 12:08 AM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
ranier wolfcastle 250 Member Since: 11/28/03 Posts: 58622	mma artists are in deep shit, they draw tattoos in portraits! mma photographers take pics of fighters, AND THIER TATTOOS! time to sue! You have ignored this user.

11/22/12 1:11 AM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
HexRei Edited: 11/22/12 1:11 AM Member Since: 6/4/07 Posts: 11539	ranier wolfcastle - mma artists are in deep shit, they draw tattoos in portraits! mma photographers take pics of fighters, AND THIER TATTOOS! time to sue! ^^^shoman's images are an exception, they are obviously parody. i keed, i keed :) You have ignored this user.

11/22/12 4:29 AM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
simonpe Member Since: 11/26/11 Posts: 564	This is America in a nutshell You have ignored this user.

11/22/12 4:58 AM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
ToneybyArmbar Member Since: 9/21/12 Posts: 72	Hath anyone called the plaintiff's tattoo shop for more details? You have ignored this user.

11/22/12 6:04 AM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
VictorG 1 Member Since: 8/7/12 Posts: 109	Thisis absurd. You have ignored this user.

11/22/12 9:56 AM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
Rockstars Member Since: 7/17/10 Posts: 592	Did Carlos pay him for it? You have ignored this user.

11/24/12 11:04 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
Tat2tillidie 207 Member Since: 12/17/10 Posts: 3884	ToneybyArmbar - Hath anyone called the plaintiff's tattoo shop for more details? Lmao I'd hate to be that guy with half the UG calling :) You have ignored this user.

12/6/12 8:39 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
Jump Kick 25 Member Since: 1/1/01 Posts: 14438	Some food for thought: In all of the cases people have mentioned (magazine shoots, TV appearances etc.) it would have taken time and effort to remove the tattoo and prevent it from being seen. In the case of the video game, time and money was spent to copy and add the image. You have ignored this user.

12/6/12 8:42 PM	Ignore \| Quote \| Edit \| Warn Admin \| Vote Down \| Vote Up \| Delete Post
lgi Member Since: 9/30/11 Posts: 285	Belcher's tattoo artist should join the case. Unless he's shy about his work. You have ignored this user.

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