Hangover 2 Lawsuit

The lawsuit that almost delayed the release of The Hangover 2 is still on but the film is set to be released around the world on schedule. Victor Whitmill, a tattoo artist, originally sued Warner Brothers on April 28th seeking an injunction and damages for copyright infringement. Whitmill’s demand for estimated damages was an impressive $30 million settlement.
Whitmill was the original tattoo artist of the Maori tattoo on boxer Mike Tyson’s face which actor Ed Helm’s character bares throughout the film. Not asked for permission of the tattoo in the film led to the copyright infringement lawsuit.
U.S. District Court Judge Catherine D. Perry has denied the request for the Hangover 2 to be delayed in its release. She is, however, letting the case move forward and has admitted that Whitmill has a good chance at winning.
Copyright law does in fact protect tattoo artwork and Warner Brothers did not ask Whitmill for permission. What will unfold and whether or not Whitmill will get his $30 million settlement remains unseen.
I’m usually rolling my eyes at any frivolous lawsuit but the Hangover 2 one seems to be a little bit more complicated. It does sound as though Warner Brothers may have in fact have committed copyright infringement. It’s surprising no-one in their legal department thought to about this potential disaster. I suppose in a way they were granted permission by Mike Tyson himself, which many of us would assume in a way is the ‘owner’ of the tattoo. Which begs the question– who is the owner of a tattoo? The artist or the person who’s body it stays on?
Either way a $30 million settlement is a bit ridiculous. Especially as he is suing for damages. I’m curious to hear the argument of how he and his lawyer are arguing that the film has ‘damaged’ his career or life in anyway. I suppose he wanted money and permission for the use of the tattoo, regardless I doubt he would have gotten $30 million in the first place.

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