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Posted: February 20th, 2023
Intellectual Property
The intellectual property landscape has dramatically been changed by Information Technology. Creations of the mind, such as inventions in artistic works, images, symbols, names, and designs used in commercial activities, are intellectual properties. The current copyright law prohibits the copying of intellectual properties if there is no copyright notice (Pallas, Reese 621). The original creator has to be contacted before the work is reused. Infringement of intellectual properties is a broad and sensitive topic that requires proper understanding.
There have been lawsuit claims of infringement from the use of tattoo designs of LeBron James and Kobe Bryant, among others. Solid Oak Sketches filed the case over the unauthorized use of copyrighted tattoos in NBA 2K16 (Parker, Tara 33). In detail, the online gaming company reproduced Kobe Bryant’s and LeBron James’ tattoos created by a tattoo artist from Solid Oak Sketches tattoo studio. The issues of a tattoo design being copyrightable have never been discussed thoroughly by the court. However, the law protects any works of expression fixed in a tangible medium as long as it is original.
Stacey Kozel is a paralyzed woman who uses braces for walking. She was using an old pair until she came across the Ottobock C-Brace. Each cost $75,000, and the only hope was the insurance company. She struggled to get her insurance company to cover that cost, and after a year, they did. She decided to take part in the walk on the Appalachian Trail to show the insurance company how beneficial the braces can be to people like her. Hopefully, more of those braces could be purchased by insurance companies to help people with such disabilities.
Generally, the tattoo company claimed to have signed a copyright license agreement. The gaming company was asked to pay $150,000 per infringement and stop using the designs. However, the original creator was LeBron since he came up with the idea, but the tattoo studio executed it. However, the court agrees that it was copyright infringement. In the case of Kozel, the insurance company should not decline the purchase of the braces since they are very efficient in aiding people with walking disabilities.
Works Cited
Parker, Tara. “Copyright No Plaything: Celebrity Tattoos in Video Games.” LawNow 44 (2019): 33.
Loren, Lydia Pallas, and Anthony Reese. “Proving Infringement: Burdens of Proof in Copyright Infringement Litigation.” Lewis & Clark L. Rev. 23 (2019): 621.
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