Failure to Register LeBron James' Tattoo as Copyright Proves Costly; Hollywood Reporter, 8/2/16

Ashley Cullins, Hollywood Reporter; Failure to Register LeBron James' Tattoo as Copyright Proves Costly:

"Animators behind the NBA 2K video game series did such a good job bringing to life basketball stars like LeBron James that they were sued for copyright infringement for recreating his tattoos.

Solid Oak Sketches sued 2K Games and Take-Two Interactive Software in February, claiming it owns the copyrights to tattoos emblazoned on several NBA stars including James, Kobe Bryant and Eric Bledsoe.

The tattoo designers were seeking actual damages in an amount to be determined at trial, or statutory damages and attorneys' fees — but a New York federal judge on Tuesday ruled out the latter.

"[I]n order to obtain statutory damages and attorneys' fees, a plaintiff must have registered its copyright prior to the alleged infringement," U.S. District Judge Laura Taylor Swain writes.

In this case, Swain finds, defendants' alleged infringement began with NBA 2K14 in 2013 and the tattoo designs weren't registered with the U.S. Copyright Office until 2015."