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UnderGround Forums >> Tattoo artist suing THQ over UFC Undisputed


11/17/12 8:06 PM
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bigheadrhino
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You'd think tattoo artist's would be proud to see their work displayed to large audiences. It's also free advertising. What a moron, if tattoo artist suing people becomes a trend, people will just have another legitimate reason to not get tattoos. Otherwise, tattoo artists across America will be inconvenienced into signing release forms for their work.
11/17/12 9:57 PM
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TheMeatyLegend
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I can see where the guy is coming from. However, I would like to know, during the course of being a tattoo artist, how many trademarked characters and logos he has reproduced without permission.
11/17/12 11:24 PM
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Jump Kick
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Thankfully judges will not consider the uninformed opinion of "vast majority" when deciding such matters. As someone mentioned, proving that the tattoo artist copied someone else's lion would be the best way to stop him if that happened. Phone Post
11/18/12 1:08 AM
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HexRei
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Jump Kick -  Thankfully judges will not consider the uninformed opinion of "vast majority" when deciding such matters. As someone mentioned, proving that the tattoo artist copied someone else's lion would be the best way to stop him if that happened. Phone Post

He might consider the state of society in regard when interpreting the legislation. Even if he doesn't, it does not at all change the douchiness of this artist's claim. I have never heard of an artist pulling this on any of the various MMA games, and I really doubt every fighter is licensing their ink.
11/18/12 4:47 AM
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Macedawgg
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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.

11/18/12 4:55 AM
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ChaosOverkill
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Tombmatter - 
OnlyTheStrongSurvive -  If that guy wins he will basically kill real tattoos of athletes in video games forever lol Phone Post

Or they could stop being 9/11 terrorists and pay license fees to the artists. Im sure Dana would agree.

How are they supposed to track down every artist that did a tattoo on some athlete? If the Athlete doesn't tell them or was drunk when he got it and can't remember 100's of these nuts could just show up and sue for money because it's impossible and impractical to find them all

11/18/12 5:19 AM
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RML
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In before kazja sues THQ for using his octagon!!! Phone Post
11/18/12 5:23 AM
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migwar
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How can this be good publicity for the Artist. Anyone remotely famous would never use this guy again for fear of having to get lawyered up.

Taking that into account THQ seem like a bad bet for a one shot law suit, even if you win seems unlikely you'll get paid.
11/18/12 5:58 AM
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CindyO
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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.


Do you know if anything similar has ever happened in the past?

 

Cindy

11/18/12 6:02 AM
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CindyO
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I'd like to see a side by side comparison of Condits tattoo and the image used in the game.

 

Cindy

11/18/12 7:16 AM
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Jump Kick
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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
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HexRei -
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!
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
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sacredhate
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lots of people with superhero's, mickey mouse etc about to get their asses sued.
11/19/12 8:01 PM
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Macedawgg
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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. Phone Post

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
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Tolstolobic - 
HexRei -
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!
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

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
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HexRei -
Tolstolobic - 
HexRei -
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!
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

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
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Malagant
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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.
11/21/12 12:00 AM
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Tat2tillidie
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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
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ranier wolfcastle
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mma artists are in deep shit, they draw tattoos in portraits!

mma photographers take pics of fighters, AND THIER TATTOOS! time to sue!

11/22/12 1:11 AM
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HexRei
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Edited: 11/22/12 1:11 AM
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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 :)
11/22/12 4:29 AM
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simonpe
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This is America in a nutshell Phone Post
11/22/12 6:04 AM
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VictorG
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Thisis absurd. Phone Post
11/22/12 9:56 AM
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Rockstars
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Did Carlos pay him for it? Phone Post
11/24/12 11:04 PM
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Tat2tillidie
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ToneybyArmbar - Hath anyone called the plaintiff's tattoo shop for more details? Phone Post
Lmao I'd hate to be that guy with half the UG calling :) Phone Post
12/6/12 8:39 PM
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Jump Kick
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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.


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