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UnderGround Forums >> Tattoo artist suing THQ over UFC Undisputed


11/17/12 10:47 AM
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rummy
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yellow wrkahlc - 


ha, voted up

11/17/12 10:49 AM
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fightsfan
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Unless he provided an agreement to and/or mentioned to the body he was putting it on that he owned the rights to the art then likely no case.

yes the TATOO ARTIST can reuse that image on other people but he does not own the image as its used on the body its put upon.

It is IMPLIED by lack of contractural agreement to be owned by the person whose body the taoo is on.
11/17/12 11:11 AM
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Motivated BJ
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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.
This Phone Post
11/17/12 11:21 AM
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Masakyst
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While the lawsuit is completely frivolous, I still hold a grudge against THQ for never patching Undisputed 3. Go get 'em, douchebag tattoo artist!
11/17/12 11:47 AM
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patrice
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He would be crazy NOT to sue.

Can you even begin to imagine how much money he would need to spend for this kind of publicity??

This free publicity, which only required a tiny bit of time and effort to get started, will basically insure a nice comfortable retirement for him and his family.
11/17/12 11:56 AM
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TheAssMurderer
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I hope THQ patches the game exchanging this guys artwork for a big, fat, cock.

11/17/12 12:05 PM
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Chomas
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wooden shjip - The same issue was raised by Mike Tyson's tattoo artist during The Hangover, really lame. Phone Post
I remember that. I guess you have to have the artist sign a release when you get the tat which seems a little crazy but that is the nutty world we live in. Phone Post
11/17/12 12:16 PM
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OnlyTheStrongSurvive
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yellow wrkahlc -
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?

Isn't the first one a copyrighted image, Wand's logo, that he then decided to get a tattoo of? Phone Post
11/17/12 12:38 PM
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Attila
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This dude is a vile POS.
11/17/12 12:49 PM
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frederic
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dxgnr8 - Why doesn't he try to sue the UFC as well? After all, they are publicly broadcasting "his" image to potentially millions of people without obtaining his permission!

Holy shit, I hope this doesn't give him any ideas and he goes through with it and wins, wouldn't that be ironic for Dana after cracking down on Internet piracy! Phone Post
UFC contract states that they own all likeness of the fighter for promotional purposes (such as a poster or video game). Tattoos and all. Phone Post
11/17/12 12:53 PM
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Sam9104
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Interesting article: http://www.inkedmag.com/features/article/who-owns-your-tattoo/page/2/


Essentially, unless Condit and the artist collaborated creating the design or that Carlos and the artist had a written agreement that the tatto was a ''work for hire'' or unless the artist signed over the rights of the tatto to Condit; the tatto is protected under the copyright law which gives the artist full rights to the tatto (assuming that it is an original work).

The article gives the Tyson - Hangover 2 law suit as an example where the artist sued the studios for using his work. Most legal experts supported the artists argument of claiming copyright infringement.
11/17/12 12:54 PM
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Sam9104
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frederic - 
dxgnr8 - Why doesn't he try to sue the UFC as well? After all, they are publicly broadcasting "his" image to potentially millions of people without obtaining his permission!

Holy shit, I hope this doesn't give him any ideas and he goes through with it and wins, wouldn't that be ironic for Dana after cracking down on Internet piracy! Phone Post
UFC contract states that they own all likeness of the fighter for promotional purposes (such as a poster or video game). Tattoos and all. Phone Post

The problem, I suppose, is that the fighter themselves will not own the tatto and therefore can't give the rights to the UFC.
11/17/12 1:37 PM
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frederic
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Sam9104 - 
frederic - 
dxgnr8 - Why doesn't he try to sue the UFC as well? After all, they are publicly broadcasting "his" image to potentially millions of people without obtaining his permission!

Holy shit, I hope this doesn't give him any ideas and he goes through with it and wins, wouldn't that be ironic for Dana after cracking down on Internet piracy! Phone Post
UFC contract states that they own all likeness of the fighter for promotional purposes (such as a poster or video game). Tattoos and all. Phone Post

The problem, I suppose, is that the fighter themselves will not own the tatto and therefore can't give the rights to the UFC.

It's akin to the liability form you sign before you can train at a gym.

Should the UFC ban tattooed fighters?
11/17/12 2:00 PM
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MentaL
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Mixed Martial Arts LLC, Potato.

Wtf? I althought thought it was Jabba the hut (Seriously)

11/17/12 2:06 PM
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Gooner H Smith
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thatsme - It isn't a frivolous lawsuit. You guys have been brainwashed by corporate loving Republicans.

Believe you me, they will quickly take your ass to court if you tried to publish music sing a song that BMG owned or publish a comic book character that Marvel Comics owned.

So you are saying that it frivolous for him to sue those guys for publishing work that he owns?

I'm sorry but its ridiculous that he is suing over something that is on someone else's body. Regardless of whether or not he put it there. 

11/17/12 2:16 PM
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Jump Kick
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Same people who were bitching about napster being shut down. It's a pretty strait forward concept in copyright law that the artist owns rights to his original creative work of art. Phone Post
11/17/12 2:29 PM
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yellow wrkahlc
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Jump Kick -  Same people who were bitching about napster being shut down. It's a pretty strait forward concept in copyright law that the artist owns rights to his original creative work of art. Phone Post

No and no. This isn't like Napster at all. He didn't copyright the tattoo when he originally drew it and placed it on Condit's body. He did AFTER the fact the he saw he could make some money. Anyone can see he's only doing it to cash in, or at least attempt to do so. The judge will hopefully see that, and tell this guy to start having his clients sign contracts SAYING they can't sign over the likeness before Escobedo even places thw artwork on their body. It's only fair.
11/17/12 2:30 PM
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yellow wrkahlc
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Please excuse the typos, I'm on my phone's browser.
11/17/12 2:57 PM
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Jump Kick
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yellow wrkahlc -
Jump Kick -  Same people who were bitching about napster being shut down. It's a pretty strait forward concept in copyright law that the artist owns rights to his original creative work of art. Phone Post

No and no. This isn't like Napster at all. He didn't copyright the tattoo when he originally drew it and placed it on Condit's body. He did AFTER the fact the he saw he could make some money. Anyone can see he's only doing it to cash in, or at least attempt to do so. The judge will hopefully see that, and tell this guy to start having his clients sign contracts SAYING they can't sign over the likeness before Escobedo even places thw artwork on their body. It's only fair.
You don't know the first thing about copyright law. Copyright was established the moment the artist affixed his original work of art on Conduit's body. Phone Post
11/17/12 3:14 PM
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Tap In
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If I was said artist, I would do the same thing. Although I would have done it a year ago when thq still had a little money
11/17/12 3:21 PM
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Macedawgg
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Jump Kick - 
yellow wrkahlc -
Jump Kick -  Same people who were bitching about napster being shut down. It's a pretty strait forward concept in copyright law that the artist owns rights to his original creative work of art. Phone Post

No and no. This isn't like Napster at all. He didn't copyright the tattoo when he originally drew it and placed it on Condit's body. He did AFTER the fact the he saw he could make some money. Anyone can see he's only doing it to cash in, or at least attempt to do so. The judge will hopefully see that, and tell this guy to start having his clients sign contracts SAYING they can't sign over the likeness before Escobedo even places thw artwork on their body. It's only fair.
You don't know the first thing about copyright law. Copyright was established the moment the artist affixed his original work of art on Conduit's body. Phone Post

But it seems to me the VAST majority of people consider a tattoo a work for hire--not a commissioned art work.  The reasonable expectation of the parties should factor into the analysis. 

If the tattoo "artist" is taking this position--which seems to me contrary to the understanding of the vast majority, he should be required to get a written contract. 

I understand that the law might shift the burden to the recipient--but in this context, do not agree with that shift.

11/17/12 3:35 PM
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yellow wrkahlc
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Macedawgg - 
Jump Kick - 
yellow wrkahlc -
Jump Kick -  Same people who were bitching about napster being shut down. It's a pretty strait forward concept in copyright law that the artist owns rights to his original creative work of art. Phone Post

No and no. This isn't like Napster at all. He didn't copyright the tattoo when he originally drew it and placed it on Condit's body. He did AFTER the fact the he saw he could make some money. Anyone can see he's only doing it to cash in, or at least attempt to do so. The judge will hopefully see that, and tell this guy to start having his clients sign contracts SAYING they can't sign over the likeness before Escobedo even places thw artwork on their body. It's only fair.
You don't know the first thing about copyright law. Copyright was established the moment the artist affixed his original work of art on Conduit's body. Phone Post

But it seems to me the VAST majority of people consider a tattoo a work for hire--not a commissioned art work.  The reasonable expectation of the parties should factor into the analysis. 

If the tattoo "artist" is taking this position--which seems to me contrary to the understanding of the vast majority, he should be required to get a written contract. 

I understand that the law might shift the burden to the recipient--but in this context, do not agree with that shift.


Exactly my point. He, along with every other tattoo artist, should have no say as to what the tattoo appears in after it's placed on the client's body, UNLESS a contract is signed stating so. It's a tattoo, not a clothing brand. And lol@me not knowing copyright law, Jump Kick. I know my shit, considering I work in this field. It's required, in order to prevent shit like this from happening to me.
11/17/12 3:40 PM
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HexRei
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Tolstolobic - 
HexRei -
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.
Because its in content in their game they sell. Phone Post

Well so is carlos' hair, which is a true work of art in itself. Hairstylist, file immediately!
11/17/12 4:18 PM
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chaplinshouse
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This just in: Usain Bolt files lawsuit vs Condit and Jackson in superior court Phone Post
11/17/12 4:20 PM
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un3rgr0und
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wow, this guy is a real piece of work

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