The man who designed Mike Tyson's tattoo, S.Victor Whitmill claims he had a copyright agreement with the former boxer which Warner Brothers has violated. Picture: AP Source: AP
- Judge rules Hangover 2 can open
- Tyson's tattoo artist suing film's creators
- Owns the copyright for original tattoo
Update: A federal judge ruled yesterday that The Hangover: Part II can still open despite a copyright infringement lawsuit over the tattoo worn by an actor in the film.
"We are very gratified by the Court's decision which will allow the highly anticipated film, The Hangover: Part II to be released on schedule this week around the world," Warner Bros. said in a statement.
While US District Court Judge Catherine D. Perry ruled the studio could release the film, she also said tattoo artist S. Victor Whitmill had a good chance of ultimately winning his copyright infringement case.
"We look forward to further vindicating our client's rights at trial in the near future, including a permanent injunction preventing further distribution of the movie," Whitmill's attorney Geoffrey Gerber said a statement to The Hollywood Reporter.
Yesterday, it was revealed that just two days from the release of The Hangover Part II, a legal case could delay the release of the highly anticipated film indefinitely.
Mike Tyson's tattoo artist, S. Victor Whitmill is suing the film's creators alleging the design of tattoo on actor Ed Helms' face breaches the copyright the agreement with the former boxer.
"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," his lawyer argued.
"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 unauthorised exploitation of the Original Tattoo constitutes copyright infringement."
The tattoo artists is trying to prevent Warner Brothers from using the tattoo in the film or on any promotional posters, saying the studio is guilty of "reckless copyright infringement".
Warner Brothers responded to Mr Whitmill's suit calling it a "radical claim", arguing the tattoo design has been in the public consciousness long enough for similar designs to emerge.
Given the tattoo is so central to the storyline -� the tattoo is a direct homage to Mike Tyson who stars in the film - the lawsuit could prevent the release of The Hangover Part II (which was scheduled to premiere on Thursday), indefinitely.
Mike Tyson, who was not named in the suit has not commented on the legal proceedings.
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