Warner Brothers Refuses to Let Tattoo Artist Block 'Hangover: Part II' Release

Back in April we brought you the story of S. Victor Whitmill, the tattoo artist who designed, executed, and somehow convinced Mike Tyson to sign over the rights for the tattoo on his own face. Now that "The Hangover: Part II" is about to be released with that same tattoo on the face of another - star Ed Helms - Whitmill wants justice. He wants the film's release put on hold until this matter is settled. But he'll settle for a substantial amount of money.

Warner Brothers, the studio behind the "Hangover" franchise (the times, they are a-changin'), isn't particularly interested in giving him either. THR reports that, stunningly, the corporate legal team at Warner Brothers have dug up several ways in which the case is invalid, and are working with the judge to ensure that the lawsuit doesn't affect the film's release on Friday.

First, they're claiming fair use as parody, wherein an artist is allowed to use copyrighted work in order to make fun of it. This is how "South Park" and "The Simpsons" get away with everything, and it's also one of my favorite laws.

Second, they claim that Tyson gave implied license for use due to his appearance in the first film. This is a little dicier since Tyson signed away the rights to his face (which is just bizarre), but at the same time, they also point out that Whitmill had no problem at all with their use of his design when it appeared on Tyson's face in the first one.

The legitimacy of this argument could come down to exactly what the document that Tyson signed looked like. In other words, does the contract allow for Tyson to use his own face to make money.

Warner Brothers also raises concerns about the legitimacy of the copyright in the first place, claiming that there is no legal precedent for this claim. They might be right, but these sorts of cases are exactly how precedents are born.

And finally, more honestly, Warner Brothers notes that they stand to lose a lot of money if the film's release is delayed. They've been advertising it all over the place, theaters are set for a big opening, and there really isn't much else to take its place over the weekend (although I get the feeling "Kung-Fu Panda 2: The Kaboom of Doom" might do okay business). Unless Whitmill can put up $100 million as bond, the losses will be "unrecoverable."

With the film's release still set for Friday, expect a decision on it soon, but if a "Hangover" was in your plans this weekend, I wouldn't worry too much about having to change them. These sorts of suits are usually settled for a fraction of what the studio paid to advertise the film in question.