In a year where very little surprises us when it comes to the WWE, Randy Orton’s tattoos are the source of litigation as the artist is going to have their day in court with the WWE and Take-Two Interactive.
This comes after a US District Court Judge reviewed the case Catherine Alexander brought in Illinois.
According to webisjericho.com he agreed that her designs were used in WWE 2k video games and the case will go to court for a jury trial on September 20, 2021.
It’s been reported that Alexander designed and did Orton’s tattoos on his back and arms from 2003 to 2008. They’re clearly visible in the games, so she’s seeking compensation for her work.
There’s plenty of history here dating back over ten years as in 2009, she allegedly approached the WWE for compensation and they allegedly laughed her off. They eventually offered her $450 for the rights.
Does she have a case?
Well, that depends on whether or not it’s determined that Alexander gave Orton an implied license or not. If the judge and jury believes she didn’t then she could get her compensation.
It’s going to be a difficult fight as Randy Orton has stated, despite not being a defendant, that he thought the tattoos were his own personal expression and that he didn’t need permission.
Considering that, the WWE and Take-Two are using the fair use law as a defense.
As webisjericho.com reported, Take-Two won a case like this in 2020 when a judge ruled that the tattoo designs on NBA players appeared smaller than in real life in the video game.
Added to that was the player’s movements in the games made it difficult to recognize them and a reasonable believe an implied license and fair use were in place ended the case.
The way it looks, it’ll be hard for Alexander to win but never say never. We can understand an artist wanting to protect their property and given she’s brought this up since 2009 gives us reason to believe her complaint may be genuine.
Though whether a court agrees is a whole other matter.
This is one of those cases we would probably never hear about if the WWE were chugging away strongly, but given the circumstances everything they do is under a microscope.
We’re also wondering if this case goes Alexander’s way, will the next step be demanding licensing being needed to appear on television or print with the tattoos showing?
This is going to be interesting. What are your thoughts about Randy Orton’s tattoos? Will the WWE and Take-Two come out the winner or will they pay up? Let us know in the comments below.
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