Daniel Rozansky and Michael Bernet recently published a Forbes article entitled “WWE “Smacked Down” In First-Ever Tattoo Copyright Trial. Sort Of.” The article examined the first-ever tattoo copyright trial, filed by professional wrestler Randy Orton’s tattoo artist who alleged World Wrestling Entertainment Inc. (WWE) and Take-Two Interactive Software Inc., infringed upon her work in the making of the WWE 2K video game series.
The precedent-setting case may open up new challenges for creative works. “Video game franchises and other digital content creators should be more careful when portraying original body art (or other content) in their works. If they digitally create designs that appear “substantially similar” to any original works, they should obtain permission directly from the copyright holder,” they shared. Daniel and Michael continue to explain the verdict will present new licensing opportunities for tattoo artists, “Unless there is a written agreement to the contrary, the tattoo artist (or their employer) will likely be considered the copyright holder – not the person bearing the tattoo (or their employer).”
Read the full Forbes article here.