Mike Tyson's face-tattoo artist sues over ink in 'The Hangover 2'
The artist behind Mike Tyson's famous facial tattoo sued Warner Bros. in federal court Thursday over the tattoo's design being replicated on Ed Helms' face in the upcoming film "The Hangover Part II."
Missouri artist S. Victor Whitmill, who tattooed Tyson's face in Las Vegas in 2003, brought the suit in St. Louis court seeking to block Warner Bros. from using the tattoo in ads for the film, which is due out in late May.
The suit alleges that Whitmill retained all the rights to the image, including the copyright, even though it was tattooed to the former boxer's face, the St. Louis Times reported. Whitmill currently works out of a studio in Waynesville, Mo.
In the R-rated film's trailer, Helms' character acquires the tattoo after a wild night of bachelor revelry with costars Bradley Cooper, Justin Bartha and Zach Galifianakis. Helms' character, who famously loses teeth in the first film, has to deal with the stamp on his face before his wedding day.
"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," the complaint said. "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."
The ads have been ubiquitous and the appearance of the tattoo is a pivotal tease to a second cameo for Tyson despite his absence in the trailer.
Warner Bros. declined to comment on the lawsuit.
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-- Nardine Saad
twitter.com / NardineSaad
Photo: Left, Mike Tyson. Credit: Matt Sayles / Associated Press. Right, Ed Helms in the promotional poster for "The Hangover Part II." Credit: Warner Bros.
Hey, that's a Maori tattoo. Maybe the Maori in New Zealand should sue Tyson (and all the other folks who have similar tattoos, which have serious meaning in Maori culture).
Posted by: housewife | Apr 29, 2011 at 06:38 PM
who cares, the guy should be happy, he got paid for it, that should be the end of it. i mean its not the likeness of tyson just the tattoo, big deal lots of tattoo get copied, BIG DEAL!, the guy doesnt have a case
theres no copyright or trademark on it, so really the guy doesnt have a case. it will be thrown out. the lawyers should be shot, in the recourse!
Posted by: ARCADIAN | Apr 29, 2011 at 11:35 PM
@housewife: You're my favorite person of the week.
Posted by: 800lb | Apr 30, 2011 at 12:29 AM
If someone downloaded one of their movies the studio would want to impose 5 years in jail and $50,000 for each infringement. They should have to pay that penalty.
Posted by: Dale | Apr 30, 2011 at 10:42 AM
Housewife, exactly. Sorry there is no thumbs up or "favorite" button here.
Posted by: zygion | Apr 30, 2011 at 12:23 PM
Actually Arcadian he does have a case. The law states that if artwork is copied without the creator's permission and uses that for monetary gain, it is copyright infringement. Now if some other guy just decided he wanted Mike Tyson's tattoo and didn't get any profit out of it, that would be fine. But the producers are getting more money out of this movie because people recognize that as Mike Tyson's tattoo, which was copyrighted by Mr. Whitmill. Did you read the entire article? It does say that "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."
Posted by: Melodi | Apr 30, 2011 at 03:00 PM
Maybe Leo Zuluetta should sue Whithall and all the rest of those tattooers using tribal designs, since he was the first to tattoo them in the US back in the 80s.
Posted by: lagtat | Apr 30, 2011 at 03:37 PM
The tattoo is different enough that it won't qualify as a copy and therefore not copyright infringement even if the guy does have a copyright on it which I seriously doubt.
Posted by: Kim | Apr 30, 2011 at 04:45 PM
He should drop the case. If he was that worried about it then every time Tyson appeared in an ad, movie, on camera, or anything he would have had to sue each and every case. He sets a precedence by not doing that. It will get thrown out. Did he sue when Tyson was in the first hangover? Nope, but he had a copyright to it so he should have been paid before that image could be used in the movie. He won't get a dime.
Posted by: Will | Apr 30, 2011 at 04:51 PM
oh wahh, looks like someone is being greedy and isn't making enough money doing tattoos. this is pathetic. there are tons of other people out there with the same tattoo, even on different areas of their bodies.
Posted by: megan | Apr 30, 2011 at 05:32 PM
This guy has ZERO case- this is clearly free of trademark issue because it is for parody. Artistic expression allows this under the first amendment.
Secondly he will NEVER be able to prove any losses because of it.
Posted by: EgadsNo | Apr 30, 2011 at 09:33 PM
@ housewife not maori just a haoli version of polynesian artwork no meaning what so ever
Posted by: james molina | Apr 30, 2011 at 10:43 PM