There may not be an obvious connection between the WWE and the video game industry at large other than the existence of the WWE 2K games, but a lawsuit ruling involving the professional wrestling giant could be a problem for game developers.
A jury in the U.S. District Court Southern District of Illinois ruled in favor of a tattoo artist who alleged WWE and the developers and publishers of current and former WWE video games, including Take-Two Interactive, infringed on her copyrights by putting tattoos she designed and copyrighted on WWE star Randy Orton’s in-game model without her permission. The artist, Catherine Alexander, performed tattoo work for Orton between 2003 and 2008.
Alexander previously said she turned down a $450 offer from WWE to use the tattoos in the games. On Sept. 26, Judge Staci M. Yandle ruled that five of Alexander’s tattoos had been copied and placed in the games, although the judge denied a summary judgment. A jury came back after nearly four hours of deliberation with a ruling in favor of Alexander.
The lawsuit, which was initially filed in 2018, could serve as a legal precedent for future suits involving tattoos on in-game character models in video games. The suit could particularly spell bad news for sports games, which typically feature hundreds of real-life athletes, many of whom have recognizable tattoos they may not have copyrighted. The NBA 2K series, another of Take-Two’s properties, is just one of many examples of games that could be adversely affected by this judgment.
The defendants in Alexander’s case could ultimately appeal the decision. If not, the court will rule soon to determine how much in damages they will be required to pay Alexander.
