(Reuters) – World Wrestling Entertainment Inc and Take-Two Interactive Software Inc have been ordered to pay tattoo artist Catherine Alexander $3,750 in damages for recreating tattoos she had done for wrestler Randy Orton in the video game series WWE 2K without her permission. made, an Illinois jury said Friday.
The jury dismissed WWE and Take-Two’s defense that the game made fair use of the tattoos, but also declined to award Alexander winnings from the games, which it said were attributable to her work, it said judgment sheet.
Alexander’s attorney, Anthony Simon, of the Simon Law Firm, said he felt vindicated by the ruling and that it sets an important precedent for protecting tattoo artists’ copyrights.
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“We didn’t win a lot of money, but that’s never been the case,” Simon told Reuters.
WWE, Take-Two and the companies’ attorneys did not immediately respond to requests for comment.
Alexander sued the companies in East St. Louis, Illinois in 2018, accusing them of infringing on her copyrights in the tattoos by using them on Orton’s avatar in the WWE 2K16, 2K17 and 2K18 games without a license from her.
The companies argued that the game made fair use of the tattoos, using them to realistically portray Orton rather than for their original expressive purpose.
Take-Two’s attorneys, Dale Cendali and Joshua Simmons of Kirkland & Ellis, fought off a similar lawsuit against the company in 2020 alleging tattoos on pro basketball players in the NBA 2K video game series with a ruling based in part on fair use .
The case is Alexander v. Take-Two Interactive Software Inc, United States District Court for the Southern District of Illinois, No. 3:18-cv-00966.
For Alexander: Anthony Simon from the law firm Simon
For Take-Two: Dale Cendali and Joshua Simmons of Kirkland & Ellis
For WWE: Curtis Krasik of K&L Gates
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NBA 2K video game maker wins dismissal of major tattoo damages lawsuit
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