NBA 2K Must Face Copyright Trial Over Artist’s Player Tattoos

A tattoo artist who inked NBA players including LeBron James and Tristan Thompson advanced a copyright lawsuit against 2K Games Inc., the maker of the popular video game NBA 2K that portrays realistic avatars of the players and their tattoos.

US District Judge Christopher A. Boyko ruled on Tuesday that only a jury can answer questions about whether 2K’s copying of the tattoos fall under fair use—the doctrine that allows unauthorized copying in certain circumstances.

Boyko also wasn’t convinced by 2K’s argument that its use of the tattoos on the digital avatars was “de minimis,” or minor compared to the ...