The guy who gave Mike Tyson his totally-awesome face tattoo is suing The Hangover 2 for using his design without permission, calling the tribal whatsit he gave Tyson usurped by Ed Helms in the movie “one of the most distinctive tattoos in the nation.” No word on whether he also invented the barbed wire arm band and the piano key necktie.
S. Victor Whitmill, an award-winning tattoo artist who calls the Tyson design “one of the most distinctive tattoos in the nation,” is asking for an injunction to stop the release of the highly-anticipated comedy sequel, set to bow in the U.S. over Memorial Day weekend.
“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,” argues the complaint, filed Thursday in federal court in Missouri and obtained by THR. “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.”
“When I put my artwork on a convicted rapist, I had no idea it would be used for something so sick and depraved as an easy joke in a comedy film. We ask that the production be halted, and the defendant be required to f*ck me until you love me, fagg*t.”
The designs do look very similar. And what makes the matter dicey for Warners is that the tattoo on the Helms character appears to be a direct comedic reference to Tyson, who appeared extensively in the first film. That might make it tough to argue that the designs are merely coincidentally similar.
This according to section 18, paragraph four of the Missouri civil code, under the heading “NO SH*T.”
What’s scary for the studio is the request for an injunction to stop the movie’s release. A few years back, Warners was forced to fork over a hefty settlement to the author of the source material for its Dukes of Hazzard film when a judge issued an injunction weeks before the film’s release. [THR]
It does seem apt that in the same week that Fast Five made $83 million that there’d also be a custody battle for a crappy tribal tattoo. (*dumps Brawndo on plants, flips on “Ow My Balls”*)


Sir, how do those grapes taste?
Most sour.
Such an unkind affection.
WB should be concered about getting sued for Hangover 2 plagerizing Hangover 1.
So wait this ‘artist’ convince Tyson to sign away the rights to his face? I wonder if Don King brokered that deal just to fuck Tyson again. You know for old times sake.
Its a pretty easy fix, just make like one more swirly line. Now its completely original tribal art.
Serious reply: Original tattoos are art and thus receive copyright protection. Any tribal tattoo around Helm’s eye would’ve been sufficient for the joke, using the an exact copy was just lazy. That said, because the tattoo is so “famous” you’ve got a decent fair use defense.
Either way, Warners is still skull fucked.
Every time I take a shit, I photograph the pattern left on the inside of the bowl after the flush. I then copyright that pattern so no one else can duplicate it. Therefore, every time you take a shit, you are at risk of being sued.
Deal with it.
When Tyson got that tattoo, he was thinking “what can I do to make myself even MORE frightening to white people?”
Tangentially related (Tyson->Boxing):
They saved the MMA–I mean Boxing Rec Center for today’s urban youth martial fartists!
[online.wsj.com]
Controversy! I smell a $100 million opening!
We all know Mugatu invented the piano key necktie. What have you done blogger.. NOTHING…NOTHING!!!
In all seriousness – has anyone had to pay this guy for the rights to air footage or use photos with Mike Tyson and his tattoo previous to this? If not, then Whitmill wasn’t making any efforts to protect his copyright and this is fair use anyway. Case closed! Objection! Incontinence, Your Honor! *slide whistle* (armpit fart)
This post was written by someone who knows nothing about IP law. Good for the artist!