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The Hangover, Part II Release Could Be Delayed Due To Tattoo Lawsuit
Posted on Mon May 23, 2011 02:02 PM PDT
Oh no, say it ain't so!?
The release of the highly-anticipated sequel to The Hangover could be delayed because Mike Tyson's tattoo artist is suing Warner Brothers for using what he claims is the same tattoo Tyson has around his left eye, on Ed Helms' character.
The award-winning tattoo artist, S. Victor Whitmill, filed suit in late April against the movie studio for copyright infringement. Whitmill claims the movie studio never requested permission from him to recreate the art.
Tyson has a small role in the first film, but was not named in the lawsuit.
Warner Brothers has responded to the suit claiming that delaying the film would incur massive costs, and calling Whithill's charges a "radical claim that he is entitled, under the Copyright Act, to control the use of a tattoo that he created on the face of another human being." WB claims use of the ink job is covered under fair use law because Tyson and his tattoo are well-known in pop culture.
If Tyson commissioned the tattoo and paid for it, wouldn't he potentially own the copyright since it was a work-for-hire? If Tyson doesn't care, should Whitmill?
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Comments
I think it's dumb for Tyson to do this right before the movie is coming out. He is just wanting money off it.
I won't be watching the movie if mel gibson is not in it!!!!!!!!!!!!!!!!!!!!!!!!!
Um, I believe "fair use" applies to areas such as educational/non-profit and/or commentary. This is a movie made for profit, big money. So, I don't believe "fair use" is a defense here.
If I remember Tyson was asked what his tattoo was based on , and it's a Maori tattoo from New Zealand and of course Tyson being the idiot that he is couldn't pronounce the word. So if any one can claim copyright, shouldn't it be the Maori of New Zealand?
@ Lizzie,
Since you decide not to read the article. The lawsuit was filed by Tyson's tattoo artist, NOT Tyson.
6:05, you should have paid more attention during Property; Fair Use also applies to both parody and satire.
sounds justified i guess...
Someone always wants to make money off someone else.
Hmmm.. Movie theaters have the movie already, so I don't know how that would work.
I saw the movie at an advanced screening tonight and it was hilarious! Definitely a must-see!
so mike tyson wasn't sick after all, folks!!
It's a tad more complicated : Whitmill had Tyson sign an agreement by which Tyson acknowledges that the copyright of the tattoo is owned by Whitmill and regarded as an original work of art. Very interesting jurisprudence this is.
It's a tad more complicated : Whitmill had Tyson sign an agreement by which Tyson acknowledges that the copyright of the tattoo is owned by Whitmill and regarded as an original work of art. Very interesting jurisprudence this is.
Tyson has nothing to do with this lawsuit. It's the actual tattoo artist. He's the one filing the claim. Not Tyson.
Mike Epps is a racist pig. Boycott this movie!
Purhasing art doesn't mean you own the copyright. Mike Tyson's tattoo artist should (and will) receive a nice chunk of hange from the movie producers. Hurry up and pay him so we can all watch the movie!