Copyrights in Tattoos? Can tattoos be copyrighted? That will be
the central question in a new lawsuit filed by Solid Oak Sketches,
which brought a copyright infringement claim
against Take Two Interactive. According to the lawsuit, Solid
Oak owns the copyrights to many of the tattoos visible in the NBA
2K14, NBA 2K15, and NBA 2K16 video games, including a crown with
butterflies on Kobe Bryant's right bicep and a 330 area code
and a child portrait on Lebron James's arms. Neither the
National Basketball Association nor the players are parties to the
suit.
Copyright Act's Statute of Limitations. A Nebraska
court explained that the Copyright Act's statute of limitations
does not excuse a copyright holder's two-month delay in
researching potential infringement. The copyright owner
printed out the web-site containing the alleged infringement in
February 2010, but did not complete its investigation until April
2010 because it did not "have time." According to the
decision in Design Basics, LLC v. Carhart Lumber
Company, the clock starts running for a copyright holder
to bring a claim against a purported infringer when he knows of the
claim; here that was February 2010, and the decision to bring the
action in April 2013 resulted in the Copyright Act's statute of
limitations period running out.
Big Pimpin' Copyright Infringement Claim Dismissed. A California federal judge entered a final judgment explaining that a suit accusing rapper Jay Z of copyright infringement with his hit song Big Pimpin' lacked merit.
Rock Legends Deposed. The surviving members of Led Zeppelin – Robert Plant, Jimmy Page, and John Paul – were each deposed in connection with a copyright suit alleging that their classic Stairway to Heaven infringes the song Taurus by the musical group Spirit, with whom Led Zeppelin toured in 1968 and 1969. An analysis of the case can be found here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.