The Biggest Copyright Decisions Of 2024: A Midyear Report

Herrick counsel, Barry Werbin, spoke with Law360 about a case involving claims of copyright infringement by an artist whose tattoos appeared in a video game, one of the most notable trademark policy decisions for 2024.

The article noted that in this case, Hayden v. 2K Games Inc. et al., an Ohio federal jury rejected the tattoo artist's claims of copyright infringement, concluding that that the makers of the video game series had an implied license to include the tattoos.

This was not the first instance that Take-Two faced a lawsuit for using an artist's tattoos in a video game. In 2022, an Illinois jury determined that World Wrestling Entertainment Inc. and Take-Two were required to compensate a tattoo artist, as the portrayal of her tattoos on a professional wrestler in a game did not constitute fair use. "That jury decision was completely opposite the one in Hayden," said Barry. "Based on pre-trial motions and decisions in these cases, there's a split among district courts on fair use defenses in these video game cases, which will have to await future circuit decisions."

Read the full article in Law360 here. Access may require a subscription.