Mike Tyson's tattoo artist, S. Victor Whitmill, has sued Warner Brothers for depicting a facial tattoo similar to Tyson's in the new film Hangover 2. The lawsuit could block or delay the release of the movie (until it could be re-edited), which is currently set to appear in theaters beginning May 26th.
Who owns a tattoo, the bearer or the artist, or both? It's a question that has few legal precedents, but is likely to become increasingly important, as more and more people get tattoos and intellectual property law tries to keep pace...According to The New York Times, the lawsuit states: 'Mr Whitmill has never been asked for permission for, and has never consented to, the use, reproduction or creation of a derivative work based on his original tattoo'. Warner Brothers has stated that the tattoo falls under "fair use" because it parodies a well known piece of American culture. Additionally, Whitmill's tattoo itself may not be considered his original work as it is based on Maori facial tattoos from New Zealand.