Tattoos, Mike Tyson, and Copyrights

Warner Brothers was recently sued by a tattoo artist who claims he owns the copyright on the tattoo worn by former boxer Mike Tyson and Ed Helms in Hangover II.  The tattoo artist, S. Victor Whitmill, claims that Warner Brothers infringed his copyright by copying the tattoo and placing it on the face of actor Ed Helms in Hangover II.  Whitmill attempted to stop the film’s release but was denied a preliminary injunction.  Warner Brothers plans to eliminate the tattoo from the movie after its theatrical run, thus eliminating any further alleged damages to Whitmill from his copyrighted tattoo appearing in the film.  Given Warner Brothers’ plans, it appears that the primary issue to be resolved is the amount of damages sustained by the tattoo artist.