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'Hangover 2'

HUGE Victory In Tattoo Lawsuit

5/24/2011 8:27 AM PDT BY TMZ STAFF

Mike Tyson's tattoo artist couldn't K.O. the "Hangover 2" ... TMZ has learned a judge will NOT stop the movie from being released after the two sides battled over the use of the face tat in the flick.

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Warner Bros. released a statement saying, "We are very gratified by the Court’s decision which will allow the highly anticipated film, The Hangover 2, to be released on schedule this week around the world."

The rep continued, "[The tattoo artist's] failed attempt to enjoin H2 in order to try and extract a massive settlement payment from Warner Bros. was highly inappropriate and unwarranted."

As we previously reported, the tattoo artist claims he owns the copyright to Tyson's tat because he created it -- and WB never asked him for permission to use an exact replica of the design on Ed Helms' face in "Hangover 2."

UPDATE: The tattoo artists's attorney tells TMZ they're "disappointed" the motion was denied, but are "pleased by Judge Perry's finding that Mr. Whitmill proved a 'strong likelihood of success' on the merits. We look forward to further vindicating our client's rights at trial .... including a permanent injunction preventing further distribution of the movie."

81 COMMENTS

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16.

Charlie Sheen's Watch    

This guy should absolutely be paid. The movie is capitalizing on this guys artistic creation. He should be compensated.

The guy's attorney did a great job threatening to get an injunction against the film's release. Too bad it didn't work.

They should settle.

1143 days ago
17.

rimey    

Lucky they did not tattoo a apple on his face.

1143 days ago
18.

Rebecca    

It's not an exact replica. There are differences in the tattoos.

1143 days ago
19.

phoenix    

Tattoo artist sales there work all the time. The flash art that you see in tatoo showrooms is bought from company's that buy artist work. Most tatoo artist probably wouldn't try to sue other people using there work but this work is on somebody famous and is in a movie that is pretty well known as well. I don't blame him for trying at least never know and if anything he is giving the movie more publicity which is always good when it comes to movies.

1143 days ago
20.

Kathy    

Give the artist some money--it's his design!

1143 days ago
21.

richard     

Should the Maori people from whom the sleazbag tattoo artist stole the design get paid by the tattoo artist?

1143 days ago
22.

MartinD28    

Why does the media always use the "artist" label on all those who inject ink into skin and to all those that perform rap. Why not just call them what they really, truly, and only are? That is, tattooists and commercial performers, respectively.

1143 days ago
23.

Superman    

And isn't Mike Tyson in the movie, also? If so, this makes the lawsuit even more ridiculous.

1143 days ago
24.

JDizzle    

Whatever! the Hangover sucks anyways!!!!!!!!!!!!

1143 days ago
25.

bailey    

nah, **** that. i agree with the tattoo artist. if that was my creation i wouldn't want anyone to use it unless they ask me. they just wanted it for some ****ty movie. that movie is gonna suck balls.

1143 days ago
26.

Derwood    

Gotta side with the artist on this one. It's a direct rip off. Somebody at the production studio did not do their homework. Not just words and music are copyrighted. After all, making movies is a VISUAL medium.

If he owns it, he owns it. End of story.

1143 days ago
27.

smashley    

dude get over it... it's slightly different its not permanent and mike tyson is in the movie so he's obviously cool with it. whats the big effing deal. FAIR USE.. if i had "created" that ridiculous tribal i would pretend it wasnt me, not something to brag about.

1143 days ago
28.

Murphman3    

The funny thing is this same guy has airbrush art on his site that he did on a board of Heath Ledger as The Joker. Hmmmm...isn't that character Warner Brothers?

Not to mention he has Star Wars, Frankenstein, Frank Frazetta's Death Dealer & The Creation of Adam.

But I'm SURE he received permission from everyone for use of their images.

Hypocrite!

1143 days ago
29.

chicagannie    

Did the artist copyright the tattoo? If he didn't go through this legal process, he's out of luck.

1143 days ago
30.

Prince Matalia    

it is such a bad version of the tattoo that Mike Tyson received

http://TheCelebrityCafe.com

1143 days ago
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