The Players Had A Non-Exclusive Implied License

  • The court held that no reasonable lay person could conclude that the tattoos featured within the match are substantially-similar to those featured on the bodies of the real players.
  • In supporting that holding, Judge Swain discovered that the pictures of the tattoos were twisted to a degree and were too modest in scale to matter (a mere 4.4% to 10.96percent of the size of the actual things).
  • Not just that, but just three out of 400 players featured in the match had tattoos which were at controversy.
  • For the court, that quantity of replicating qualified as de minimis as opposed to substantial.
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