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Athletes Don’t Own Their Tattoos – a Problem for Video Game Developers

nytimes.com

31–40 of 90 posts

Re: Athletes Don’t Own Their Tattoos – a Problem for Video Game Developers

#31
post #24
post #15

Earlier quoted context omitted.

Not in the USA and most countries.

Purchasing art does not give me the right to copy and resell it, Ok; but contracting an artist surely gives me the right to copy and resell the art? Or are you saying that the contract must explicitly state what formats are included in the contract?

The contract would have to explicitly give you the right to copy, yes.

Re: Athletes Don’t Own Their Tattoos – a Problem for Video Game Developers

#32

"Lawyers generally agree that an implied license allows people to freely display their tattoos in public, including on television broadcasts or magazine covers. " Seems to me that the digital representation of someone is just another way of displaying themselves. If it's legal to do it in photos and videos, it's legal to do it in 3D models. But even without that, I think it's unethical to claim ownership to any part…

You are suggesting that since it’s legal for me to share a fanphoto of myself and Mike Tyson, then by extension I should be allowed to use his likeness in a 3D model in a computer game. If rights did really get passed on that loosely, then celebrities would have no way of monetizing their own brand.

Re: Athletes Don’t Own Their Tattoos – a Problem for Video Game Developers

#33
post #13

If you hire an artist to paint a landscape for you, do you have total ownership of that painting? Could you recreate it digitally and sell it? Assume no extra rights were explicitly transferred, just a standard commission of a piece of art, whatever that entails. I would have assumed that the answers to these were both yes, but this article makes me think not.

You don't. It's a common topic in game development that if you hire a contract artist that the contract needs to explicitly state that you retain the rights of the work they produce for your project, otherwise they can yank those rights should you have a falling out.

At least here in BC, something like this applies to code as well. It's considered written work in the same way as a novel, so any developers hired or contracted need to explicitly sign over their "moral rights" to the work.

Re: Athletes Don’t Own Their Tattoos – a Problem for Video Game Developers

#35
post #24
post #15

Earlier quoted context omitted.

Not in the USA and most countries.

Purchasing art does not give me the right to copy and resell it, Ok; but contracting an artist surely gives me the right to copy and resell the art? Or are you saying that the contract must explicitly state what formats are included in the contract?

All of the statet rights belong to the artist and better be explicitly transferred to you in a contract. Including the formats and the right to edit. Just about everything you can Imagen...

Re: Athletes Don’t Own Their Tattoos – a Problem for Video Game Developers

#37
post #30
post #22

Lets get weirder. Can a plastic surgeon own the rights to someone's nose? It's basically a sculpture.

Can your barber own the rights to your haircut?

If you get a brazillian wax - does the lady there own the rights to your ass?

Re: Athletes Don’t Own Their Tattoos – a Problem for Video Game Developers

#38

"Lawyers generally agree that an implied license allows people to freely display their tattoos in public, including on television broadcasts or magazine covers. " Seems to me that the digital representation of someone is just another way of displaying themselves. If it's legal to do it in photos and videos, it's legal to do it in 3D models. But even without that, I think it's unethical to claim ownership to any part…

If it's legal to do it in photos and videos, it's legal to do it in 3D models. Perhaps it ought to be by extension but apparently it's far from a settled matter. I mean, our copyright laws are full of weird seeming-contradictions. Games companies pay to license an athlete's likeness, but photographers don't? Photographs of a sculpture are copyright-protected, but photographs of tattoos aren't? Architecture with an ex…

A photographer has to deal with publicity rights as well.

Re: Athletes Don’t Own Their Tattoos – a Problem for Video Game Developers

#39

"Lawyers generally agree that an implied license allows people to freely display their tattoos in public, including on television broadcasts or magazine covers. " Seems to me that the digital representation of someone is just another way of displaying themselves. If it's legal to do it in photos and videos, it's legal to do it in 3D models. But even without that, I think it's unethical to claim ownership to any part…

Definitely, if they agree that they maintain freedom of their likeness for photos and video, how does that not extend to any medium where the person is expressly licensing their likeness? You aren't reproducing Lionel Messi's tattoo, you are reproducing Lionel Messi . I'm also not surprised it largely isn't the artists themselves, it seemed weird that a tattoo artist would go after high profile clients after the fact…

A tattoo artist doing this seems to me to be a good way to damage that artist's reputation. Why get a tattoo from an artist who has demonstrated willingness to sue over representations of you??

Re: Athletes Don’t Own Their Tattoos – a Problem for Video Game Developers

#40

"Lawyers generally agree that an implied license allows people to freely display their tattoos in public, including on television broadcasts or magazine covers. " Seems to me that the digital representation of someone is just another way of displaying themselves. If it's legal to do it in photos and videos, it's legal to do it in 3D models. But even without that, I think it's unethical to claim ownership to any part…

You are suggesting that since it’s legal for me to share a fanphoto of myself and Mike Tyson, then by extension I should be allowed to use his likeness in a 3D model in a computer game. If rights did really get passed on that loosely, then celebrities would have no way of monetizing their own brand.

That’s not at all the same.
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