Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

  Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List iconJoin Email List  

Entries in The Hangover 2 (1)


Tyson's Tattoo Artist Settles Copyright Lawsuit over Hangover 2

The tattoo artist who created Mike Tyson's face tattoo has settled his lawsuit with Warner Bros. over the Hangover 2.

The tattoo artist, S. Victor Whitmill, had gone to Federal District Court in St. Louis in April to argue that Warner Brothers had failed to get his permission to use his design for a face tattoo, created in 2003 for the boxer Mike Tyson, on one of the central characters in the movie.  Mr. Whitmill’s suit sought to stop the release of the movie over the Memorial Day weekend because of what it called “reckless copyright infringement.”

The court denied the injunction.  The movie was released.  And on June 21, a settlement for an undisclosed amount was reached.

Interesting, in the complaint, Whitmill did not request statutory damages, which can be as high as $150,000 in the case of willful infringement.  Statutory damages can be awarded even when the actual damages might be nominal (i.e. the cost of a tattoo).  See 17 USC 504(c).

Statutory damages are only available in the United States for works that were registered with the Copyright Office prior to infringement, or within three months of publication.  See 17 USC 412.
So, if you have created a work, you should register your copyright immediately to guarantee access to statutory damages.