Tattoo artist S. Victor Whitmill filed Thursday in Missouri to stop Warner Bros. from releasing the highly anticipated comedy sequel based on the alleged violation. According to Whitmill, he owns the copyright to the tattoo and was never contacted for permission or credited for its use in the film. THR points out that the case could go in a number of directions, though at first glance it doesn't sound promising for the studio:
Warners could argue that the copyright isn't valid, or that the studio changed the design just enough to escape infringement, or that the use in the film is "transformative," meaning it is depicted in a larger context and thus a fair use. Whitmill also is challenging the use of the image in ad materials and trailers.
If Whitmill's claim is supported, expect WB to pony up to avoid injunction against releasing the film, which is riding buzz so high it's practically guaranteed to be one of the summer's bigger hits.
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ยท Mike Tyson Tattoo Artist Sues Warner Bros. to Stop Release of 'Hangover 2' [THR]