Tyson’s tattoo artist sues to stop ‘Hangover 2′ … claims copyright infringement

This case could one day be taught in law school, actually. If a tattoo artist owns the copyright to a distinctive piece of body art, and that tattoo then ends up on a different person in a major motion picture, can the artist claim copyright infringement? Curiously, there’s nothing about this in the Constitution or the Bill of Rights (despite this, known to have been worn by Martha Washington).

But what we’re referring to here is the facial tattoo worn by Ed Helms’ character in the soon-to-be-released film The Hangover: Part 2. It is, of course, a replica of the facial tat worn by Mike Tyson, who appeared in the original The Hangover. Problem is, that design is technically owned by Tyson’s tattoo artist, S. Victor Whitmill, who copyrighted it. Now Whitmill is suing to block release of the film, scheduled for next Friday. From MSNBC:

“When Mr. Whitmill created the Original Tattoo, Mr Tyson agreed that Mr. Whitmill would own the artwork and thus, the copyright in the Original Tattoo,” argues the complaint, filed Thursday in federal court in Missouri.

“Warner Bros. Entertainment, Inc. — without attempting to contact Mr. Whitmill, obtain his permission, or credit his creation — has copied Mr. Whitmill’s Original Tattoo and placed it on the face of another actor … This unauthorized exploitation of the Original Tattoo constitutes copyright infringement.”

Whitmill also is challenging the use of the image in ad materials and trailers.

Warners declined to comment on the suit.

Such an injunction is not unprecedented. In 2005, a producer forced an injunction to stop the release of The Dukes of Hazzard movie, claiming copyright infringement involving an earlier movie. The case was settled for an undisclosed amount of money and the movie released on time, however (lucky us).

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Tyson tattoo artist sues to block ‘Hangover 2′ [MSNBC]