Dispute over copyright

A judge has ruled that The Hangover: Part II can open as planned tomorrow – after a tattoo artist threatened to stall its release in a copyright battle.

S. Victor Whitmill, who inked Tyson's famous face tattoo from the first comedy film, is suing the producers for copying it in the second without payment.

In the sequel, actor Ed Helms wakes up in Bangkok after a night of drinking with a face tattoo very similar to Tyson’s

His lawyers said that amounted to ‘reckless copyright infringement’ as producers never asked permission to reproduce a similar design. A judge gave the go-ahead for the lawsuit in St Louis – which could shed light copyright law as it applies to tattoo – but said that shouldn’t delay the film’s release.

Producers Warner Bros will be claiming a ‘fair use’ defence, arguing the tattoo parodies Tyson, who also appears in the follow-up.

They said in a statement after the film was given the go-ahead to open: ‘We are very gratified by the Court's decision which will allow the highly anticipated film, The Hangover: Part II to be released on schedule this week around the world.’

Published: 25 May 2011