Whether a video game creator should be held liable for copyright infringement based on the copying of real-life tattoos in a virtual setting may finally reach a jury.
On 26th September, judge Staci M Yandle, sitting in the United States District Court for the Southern District of Illinois, denied a motion for summary judgement filed by games producer 2K. The creators of the WWE 2K title, amongst others in sport, asked the judge to rule that a copyright infringement claim brought by a former tattoo artist who inked multiple tattoos on WWE professional wrestler Randy Orton should be dismissed for three reasons: firstly, it had an implied license; secondly, fair use; and finally, de minimis use.
The federal judge also granted the separate summary judgement motion filed by tattoo artist Catherine Alexander on the issue of copying. Yandle cited the 2016 Seventh Circuit case of Muhammad-Ali…
