Realism is a crucial element to sports video games, but one aspect of the way players are represented in them has come under greater scrutiny in recent years.
Take Two (parent company of 2K Sports) is fighting a lawsuit by Solid Oak Sketches that began in 2016. Solid Oak claims its copyrighted works were being featured in "NBA 2K16" and other games without its consent and asked for $800,000 in damages and $1.1 million to use them in perpetuity. That's a lot of money for just five players cited at the time, though it included LeBron James and Kobe Bryant.
MORE: Lawsuit filed over copyrighted tattoos in 'NBA 2K'
Unlike publishers Electronic Arts and THQ before them, Take Two did not settle the case. In fact, even as the legal action continues, those tattoos in question have remained in the three "NBA 2K" games released since.
Take Two argues that the tattoos are covered under fair use and are not a critical component of the product. However, that argument is somewhat undercut by the time and resources they put into recreating the tattoos with incredible accuracy, and the dedication to authenticity in general that's used as a selling point for the series.
James recently testified in the case, and that has brought more exposure to the legal debate, and now the "Madden NFL" series has made some tattoo-related news.
In a new update to "Madden NFL 19," Tampa Bay Buccaneers wide receiver Mike Evans has received his tattoos. He joins Odell Beckham Jr., Derek Carr and Martavis Bryant as the only players in "Madden" with tattoos.
In 2014, tattoos returned with "Madden NFL 15" for just one player: Colin Kaepernick. Prior to that, no tattoos had appeared in the series since 2005 because of concerns over legal action related to them being copyrighted works. Kaepernick was able to obtain the necessary releases from the artists for EA Sports to put them in the game. Since then only those few other players have followed suit.
The reason for their absence had been related at least in part to a specific lawsuit over Ricky Williams' appearance on the cover of "NFL Street," where his tattoo was on display. Another company, THQ, was later sued by a tattoo artist when his work appeared in the "UFC Undisputed" series. After a settlement, that tattoo was removed from the fighter and it would never appear in the EA Sports "UFC" series that followed.
In a legal sense, it's the artists who have the copyright on their own unique works regardless of the canvas. That includes the human body.
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While there is room for interpretation and arguments that are still being made in the courts, it can be simplified by saying that a person can appear naturally with their tattoos but when they are being recreated (especially commercially to make money) the owner of the copyright can stake a claim to its usage.
Taking James as an example, he can appear on TV, in commercials, and even the upcoming "Space Jam 2" and his tattoo artists would have no complaints. However, if the designs were drawn onto him for an animated show, featured on an action figure, or, in this case, put on him in a video game, there is some legal precedent that the artists could be able to sue if they aren't consulted and don't give approval beforehand.
The ultimate result of the legal action, which still may be years away considering appeals, could dramatically affect the way video games handle player likeness re-creations and even extend to other forms of media and merchandising. In the meantime, EA and the NFL/NFLPA are playing it safe with "Madden" while "NBA 2K" fights it out in the courts.
Bryan Wiedey posts sports gaming news and analysis daily at Pastapadre.com, is co-founder of the sports gaming site HitThePass.com, hosts the "Press Row Podcast" and can be reached on Twitter @Pastapadre.