Tattoo Artist Sues THQ for Copyright Infringement
- Thread starter Fanghawk
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Yep, which is why their suit against THQ is doomed... although I think Escobedo is the tattoo artist and Condit UFC fighter...Eleuthera said:
Not only is this a retarded, cash grab type lawsuit......it's going after a company on the brink of collapse. It'll be sad if this is what puts THQ over the edge.
If you want my opinion, THQ is in the right here. However, nobody is asking me. The legal system oftentimes favors those with more money, and with THQ falling apart financially, hiring a lawyer to defend themselves against this idiocy isn't one of their priorities.
What about people who design their own tattoos then? I have several friends who drew their own tattoos and then a tattoo artist put them on their body.
Surely the argument is with the fighter or the Fighting organisation who signed the likeness contracts without consulting the tattoo artists?
Regardless, the whole things stinks like week old fish.
Surely the argument is with the fighter or the Fighting organisation who signed the likeness contracts without consulting the tattoo artists?
Regardless, the whole things stinks like week old fish.
Then the tattoo artist has no claim to it.Generic_Dave said:
But imagine if some guy drew a really awesome picture. And then someone recreated it in a game without asking the original artist for permission to do so.
Agreed, I admire tatoo artists and plan on getting several but this is just perfectic. If they slapped the tatoo on the box art then fine, fair play, but damages for a blur on a character model, are you serious!? They should have asked for permission, they should put his name in the credits and on the character bio/stat page of the fighter mentioning where he works, that way he may grab a few customers from it but not freaking DAMAGES!!!FelixG said:
Uh what?
I work for a t-shirt company. If a customer comes to me asking for a T-shirt, and then they take the artwork I made for them and put it on business cards, van, bill boards, flyers, ext, and I were to sue, I'm pretty sure I'd get laughed out of court. After all, the customer payed me to provide them artwork. Then again, I have heard stories of other people sued for that reason...
[sub]Actually I'm pretty happy if they put it on things that will be seen by other people,
because then people ask "Oh where did you get your artwork made?"[/sub]
I work for a t-shirt company. If a customer comes to me asking for a T-shirt, and then they take the artwork I made for them and put it on business cards, van, bill boards, flyers, ext, and I were to sue, I'm pretty sure I'd get laughed out of court. After all, the customer payed me to provide them artwork. Then again, I have heard stories of other people sued for that reason...
[sub]Actually I'm pretty happy if they put it on things that will be seen by other people,
because then people ask "Oh where did you get your artwork made?"[/sub]
Totally agree with your assessment (so I'm not having a go!).Uratoh said:
If this action is successful (which I hope it is not), where will this lunacy end? Could Escobedo demand royalties from the TV network that air the fights? Or the UFC themselves when they host a fight? What about any promo stuff he does that happens to have that tattoo in shot?
I find it odd that he chose to go after a gaming company first (especially one that's about to go out of business!) ... smaller, easier target, perhaps?
The tattoo artist already was compensated when the fighter paid him to draw what he wanted on him. This seems like a money grab lawsuit to me. I don't play any of the games, but has this guy and hit tattoo been featured before? IF so, then this guy really just wants more money now.
Is he suing the sponsors and this show he appears on etc, what about the networks that the fighting is shown on?
Is he suing the sponsors and this show he appears on etc, what about the networks that the fighting is shown on?
...Really? COME ON legal system! It's not like THQ was actually aware they were committing copyright infringement, wringing their hands and laughing fiendishly while they forced the developers to include the damn tattoo. 'Cuase that's REALLY going to draw in the crowds, right?
Whatever you may think of THQ as a publisher, it's sad this is happening to them in their current financial state. Pretty pathetic.
Why couldn't Escobedo be more like that guy whose art was illegally lifted to make the Borderlands 2 reverse cover? That guy was pretty much flattered they used his work (although disappointed they didn't ask him first) and didn't press charges. And because he was so chill about it, Pitchford called him up, and I assume paid him some cash for compensation. That's how it's done.
Whatever you may think of THQ as a publisher, it's sad this is happening to them in their current financial state. Pretty pathetic.
Why couldn't Escobedo be more like that guy whose art was illegally lifted to make the Borderlands 2 reverse cover? That guy was pretty much flattered they used his work (although disappointed they didn't ask him first) and didn't press charges. And because he was so chill about it, Pitchford called him up, and I assume paid him some cash for compensation. That's how it's done.
i love all these stories cropping up of indisputably asinine copyright infringement violations. each one brings mob mentality one step closer to the truth of the matter. it's not time yet, but i'll continue to wait, smiling in the shadows for that great revelation of our time. >
So if a plastic surgeon used a specific technique particular to themselves in performing surgery on a celebrity, and that celebrity's digital likeness appeared in a game, would they have similar recourse?
Frankly, I think this is bull@#$%. Unless the artist can convincingly argue that someone could actually recreate the tattoo from the digital image- and do so better than they could from any number of photographs of the actual fighter, which he has apparently chosen to take a pass on- I would throw it out, and possibly seek frivolous lawsuit penalties.
When you tattoo someone, that tattoo becomes part of their body. It doesn't instill in you the right to control what they do with their body. If you can't accept that, you should take up a different form of art.
It's more than a little frustrating that THQ's best course is likely to be to settle, given the risks and their own dire financial situation (which those bringing this case may be well aware of.) The artist deserves to have his ass handed to him.
Frankly, I think this is bull@#$%. Unless the artist can convincingly argue that someone could actually recreate the tattoo from the digital image- and do so better than they could from any number of photographs of the actual fighter, which he has apparently chosen to take a pass on- I would throw it out, and possibly seek frivolous lawsuit penalties.
When you tattoo someone, that tattoo becomes part of their body. It doesn't instill in you the right to control what they do with their body. If you can't accept that, you should take up a different form of art.
It's more than a little frustrating that THQ's best course is likely to be to settle, given the risks and their own dire financial situation (which those bringing this case may be well aware of.) The artist deserves to have his ass handed to him.
I would be surprised if this even got settled out of court. I would think that they would have had to solely use his tattoo outside the likeness of the fighter who has it, which they did not. But, we'll see what happens. I mean, it would probably work in THQ's favor to prolong this till they are out of hot water or bankrupt.
