First attempting to negotiate terms on the use of her art back in 2018, many might remember the name Catherine Alexander due to her heated legal battle with the WWE and Take Two Interactive. A tattoo artist for top star Randy Orton, Alexander’s issues with both companies began after her work appeared on Orton’s model in the WWE video games, with the artist filing a lawsuit and claiming the pair committed copyright infringement.
Confirmed through a report by the Hollywood Reporter, it appears Alexander’s case will move forward with a jury trial, seeing Alexander continue to battle to secure compensation for the use of her copyrighted artwork. This past Saturday, Illinois judge Staci Yandle handed the tattoo artist a partial summary judgment, claiming that WWE and Take-Two had indeed copied her designs.
Going forward, it seems a jury will have to decide whether Alexander is entitled to a claim of copyright infringement. The case so far has raised some interesting points, with the ruling discussing whether the use of Orton’s tattoos can technically be classed as copyright infringement seen as the purpose of the video game does not center around tattoo art. “Evidence establishes that consumers do not purchase WWE 2K because of the tattoos. But other evidence shows that consumers did purchase WWE 2K for its authenticity to the wrestlers’ appearance,” the ruling reads, continuing to claim that the defendants admitted that “consumers expect there to be authenticity in the videogames and that WWE would have rejected Orton’s videogame persona if it appeared without his tattoos or appeared with tattoos that were different than Orton’s actual tattoos.” Those looking to read the rest of the ruling can do so here.
Take-Two actually found itself in a similar lawsuit very recently, with the company confronted about tattoos used in the NBA 2K franchise. In that case, Solid Oak Sketches battled against the publisher due to the tattoo art for Lebron James, Kenyon Martin and Eric Bledsoe, arguing a very similar point to Alexander. Take-Two eventually won the case, with the judge claiming that such a small number of players were brandishing copyrighted tattoos and the gameplay moves so fast they were barely taken in during play. The point was also made that the tattoos didn’t feature in the marketing materials, meaning the lawsuit was ultimately dropped. It’ll be interesting to see whether or not Alexander’s case follows a similar path.
As for when the actual court case will take place, no date has been clarified just yet. Seen as Randy Orton is easily one of the biggest stars in the WWE – and has been for over the last decade – it makes sense for Alexander to pursue financial compensation for the potential misuse of her work. Whether the jury deems WWE 2K‘s implementation of the designs copyright infringement or fair use, the use of tattoo art is definitely something Take-Two needs to be more mindful about going forward.
Source: Hollywood Reporter
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