On Thursday, the video game industry won a major battle in a longstanding controversy over the breeding of tattoos in sports video games. The situation involved a copyright action brought on by Solid Oak Sketches Inc. to enforce exclusive rights acquired from musicians who did tattoo work for LeBron James, Kenyon Martin and Eric Bledsoe. In NBA 2K22 MT the case, Strong Oak Sketches sought damages under the Copyright Act Take Two Interactive Software Inc. for containing reproductions of the the purportedly copyright-protected tattoos on avatars for James, Martin and Bledsoe from the favorite NBA 2K movie games. In the conclusion, U.S. District Court Judge Laura Taylor Swain discovered that: (a) the degree of copying of the tattoos was de minimis rather than substantial, (b) the manufacturer needed a non-exclusive implied license to replicate the tattoos at the video games, and (c) the copies constituted"fair use" for their transformative nature. To best understand the significance of Judge Swain's decision, it is necessary to unpack each finding, beginning with the degree of copying. To maintain a copyright act, the plaintiff must include in their claims enough evidence to demonstrate that the defendant copied their work and that the copy is substantially similar to the original creation. To get a copy to qualify as substantially similar under the Copyright Act, the similarities between the functions must be more than de minimis (i.e. minuscule). Judge Swain discovered that the level of copying in this case dropped under the brink of large copying. In reaching this conclusion, Judge Swain used the ordinary observer test, which requires the court to Buy 2K22 MT think about if a lay person would understand the reproduction substantially copied and forced use of the plaintiff's copyright protected work.