2K and its parent company can take a breath of relief as 2K motion to dismiss damages from the lawsuit has been granted by the court, which might have cost the company a lot of money for using copyright material in NBA 2K16.
The lawsuit was filed by a tattoo designer Solid Oak Sketches, according to the designer 2K used his eight of his/her designs in NBA 2K16. The designer filed to secure statutory damages of $150,000 per infringement.
However, the district judge, Laura Taylor Swan, granted the 2K’s motion to dismiss damages based on the timing of the design copyright. According to the motion, the first time the design used by 2K was in 2013 for NBA 2K14, and the designs were copyrighted in 2015.
According to the law, if the first use of the unauthorized copyright material pre-dates the copyright and also there is no significant period of the non-use of the material than statutory damages and attorney fees cannot be awarded.
As NBA 2K games used the tattoos in the same way and are considered to be repeated, or non interrupted use, 2K will avoid the enormous statutory damages.
But all this does not mean that the actual damages, the money that Solid Oak has lost due to copyright infringement, are still on the table. However, the stakes have been lowered too due to the passing of 2K’s motion.
Earlier this year Road to Finals, the first official competitive tournament for NBA 2K16 was announced. However, Take Two is not entering the e-Sports for the money, but sees it as a great marketing tool.
So far we see it as a great marketing tool. It’s an additional way to gain exposure and expand our audience. That is our primary focus at this point.
NBA 2k16 is a basketball simulation game developed by Visuals Concepts and published by 2K for Microsoft Windows, PlayStation 4, Xbox One, PlayStation 3 and Xbox 360.