As LeBron James testified Friday in New York, a core part of players’ identities are removed if their tattoos are not shown in games like NBA 2K.
As LeBron James’ off-court persona develops with his move to Los Angeles and the growth of his media company SpringHill Entertainment, a lawsuit filed by Solid Oak Sketches is challenging the idea that his copyrighted tattoos can be shown onscreen. At the root of the issue is the portrayal of players like James in the popular video game NBA 2K.
The suit against Take-Two, the software company that designs and animates 2K’s player-characters, was originally filed in February 2016. Players like Kobe Bryant and DeAndre Jordan have also had ink done by Solid Oak and have a stake in the case.
James’ testimony Friday centered around how his tattoos are a core part of his identity, and if removed would take away a large part of who he is.
“Each of my tattoos was created to showcase parts of my life and things that are important to me… My tattoos are a part of my persona and identity; if I am not shown with my tattoos, it wouldn’t really be a depiction of me,” James said, according to the Hollywood Reporter.
He’s right. Players collectively choose to license their likenesses for the sake of the fans when they create partnerships with companies like NBA 2K and Take-Two. To expect that their tattoos, a core part of how fans identify with them, would not be part of that package is ridiculous.
As one expert wrote in a case brief, “It makes no sense for the tattooists to require the players to stay in touch throughout the players’ lives so that the tattooists could grant permission every time the players commercialized their likenesses, or else risk a copyright infringement lawsuit.”
Litigators have so far been unwilling to come down firmly on the issue of tattoos being shown in media. That’s because it’s a ridiculous issue, one with enough legal grounding to be taken seriously but much more easily taken care of through a settlement and small payment to the tattoo company.
Hopefully a player like James testifying personally is enough to put a focus on the issue and make pesky companies like Solid Oak stop pushing.