Following four years of fighting WWE and 2K through the courts, tattoo artist Catherine Alexander won her case over art she inked onto Randy Orton. Alexander claimed tattoos she has given to Orton were replicated for WWE 2K video games without her permission. The artist was awarded $3,750 in compensation, and the precedent it sets for the future could be an interesting and potentially dangerous one.
The Decision Behind The Money Awarded
Alexander receiving less than $4,000 in compensation following years of fighting against major companies probably seems pretty low. PWInsider has shed some light on why exactly the total was so low. The jury overseeing the case was asked three questions. The first was whether WWE and 2K proved Orton's tattoos were fair use and could therefore be included in the games without issue. The jury said no.
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The next question the jury needed to ponder was whether the revenue generated by the games in which Alexander's tattoos were featured was increased by their inclusion. Again, the jury decided no. That meant Alexander wasn't entitled to a cut of the profits the companies made from the games. Hence why the answer to the third and final question, how much Alexander deserved in damages, was $3,750.
A Precedent Has Been Set
As touched upon above, the biggest thing coming out of this lawsuit is what comes next. Previous cases in which tattoo artists have attempted to claim compensation for their art being used in games have ruled in favor of the publishers and developers. Even 2K has come out on top in a similar case to this. NBA 2K was sued for the use of tattoos in its games, but in that instance they were dubbed fair use.
Tattoo artists who have inked WWE Superstars, and subsequently seen their designs show up in games without being asked about it, might see an opportunity to take legal action in the same way that Alexander did. That's provided they don't still have WWE Superstars as customers. Any wrestlers with an artist who takes legal action against their employer would be unlikely to return, which might mean the artist will lose more money than they are set to gain if they follow through with the lawsuit.
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