3 Count: Non-Infringing Tattoos

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1: LeBron James Tattoo Artist Loses Trial Against ‘NBA 2K’ Maker Take-Two

First off today, Blake Brittain at Reuters reports that a jury has sided in favor of Take-Two Interactive in a long-running battle over the tattoos featured on NBA player LeBron James.

The lawsuit was originally filed in 2017 by tattoo artist Jimmy Hayden. He alleged that Take-Two infringed his copyright in several tattoo designs he created for NBA star LeBron James. However, the jury ruled that Take-Two had an implied license to use the tattoos based on the nature of the tattoos and that they had obtained a likeness right for James.

A similar case involving WWE wrestler Randy Orton ended differently, with a jury awarding $3,750 in damages after a 2022 trial. However, in this case, the jury found that Take-Two had an implied license to use the tattoos for the purpose of the game, securing a major win for the company.

2: Whether Copyright Can Be Claimed Over Maths and Science Textbooks: What Andhra Pradesh HC Held

Next, Khadija Khan at The Indian Express reports that the Andhra Pradesh High Court ruled that math and science textbooks do not enjoy copyright protection in India, saying they are not literary works.

The decision dealt with Addala Sitamahalakshmi, who owns Deepthi Publications. She was the subject of both a civil lawsuit and a criminal case for her printing and publishing unlicensed copies of textbooks required by the Indian government.

The judge ruled that such textbooks are not protectable under copyright in the country and, even if they were, the printing would qualify as fair use. This quashes both the civil and criminal case against Sitamahalakshmi.

3: CBS Issues Copyright Claim on You Tuber’s 38-Hour ‘Beverly Hillbillies’ Review

Finally today, Steven Asarch at the Daily Dot reports that YouTuber Quinton Hoover found himself in a heated war with CBS after the media giant demanded that he remove a 38-hour review of the Beverly Hillbillies TV series.

Hoover uploaded the video on April 4. In it, he reviewed every episode of the series. Though he didn’t use audio from the show, he did use video clips with his own commentary.

The first season and part of the second season are in the public domain (in the United States, at least). However, he used clips from the later seasons, prompting the takedown by CBS. Hoover appealed the decision, citing fair use, but CBS disagreed with his determination and asked him to keep the video down and not reupload it in its current form. Fearing a legal battler, Hoover has agreed to that.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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