Via Court Documents:
In addition, Judge Swain found that the tattoos are depicted at only 4.4% to 10.96% of their actual size and, when visible, they are generally distorted due to movement of the respective players or the tattoos being out of focus. Secondly, Judge Swain found that when players granted the right to include their likenesses in games, this tight necessarily included the right to depict the players with their tattoos since the tattoos are elements of their likeness. Finally, Judge Swain found that the use of tattoos in the game is protected by fair use since the tattoos were used in the games only in order to accurately depict the physical likenesses of real-world basketball players.
All of it sounds reasonable.
Tattoo artists take the L.
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