Tattoo Artist S. Victor Whitmill is suing Warner Bros. Entertainment for using his “art work” on their film “The Hangover Part II.” Whitmill originally created the tattoo piece on Mike Tyson’s face, and now a main character in “The Hangover Part II” movie is using the same tattoo on his face.  Whitmill states that he owns the artwork and the copyright in the original tattoo, and the unauthorized placing of the exact tattoo on another character constitutes copyright infringement. Are tattoos protected, and should Warner Bros. have contacted Whitmill to obtain permission to use it in the film?

Maggie Sicklinger recently wrote an article pertaining to this issue, click here to read it. The article stated that the Ninth Circuit recently decided in Anderson v. City of Hermosa Beach No. 08-56914, that tattooing is an expressive activity similar to pen and ink drawings, and therefore entitled to full First Amendment protection! Copyright protection extends to expressive work “fixed” in a tangible medium and according to this case, artwork on the body of a person is copyright protected.

In his complaint, Whitmill states that Warner Bros. Entertainment, Inc. did not attempt to contact him, did not obtain his permission, and did not give him credit for his art work. Whitmill now seeks an undisclosed amount plus injunctive relief to stop the release of this movie. If the court extends copyright protection to tattoo work, then Whitmill would surely have a claim against Warner Bros. Entertainment for copyright infringement.