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Warner Bros. says it would digitally alter the tattoo on a character in the upcoming DVD version of its new comedy, The Hangover: Part II, if the studio is unable to resolve copyright litigation surrounding the ink design.
A lawsuit brought by a Missouri tattooist asserts the movie features a "virtually exact reproduction" of a copyright tattoo he inked on former heavyweight boxing champ Mike Tyson in 2003. The tattoo appears on the Stu Price character played by actor Ed Helms.
The judge presiding over the Missouri federal copyright-infringement case allowed the movie to debut last month, but kept the lawsuit by tattoo artist Victor Whitmill alive.
"If the parties are unable to resolve their dispute, Warner Bros. does not intend to make any use of the allegedly infringing tattoo after the film ends its run in the theaters because Warner Bros. will digitally alter the film to substitute a different tattoo (.pdf) on Ed Helms's face," Warner Bros. attorney Sondra Hemeryck told U.S. District Judge Catherine Perry in a court brief.
Wednesday's filing represents a tacit acknowledgment by Warner Bros. that it might be liable for infringement, and is taking steps to limit its exposure to damages.
There has never been a court verdict about whether a copyright on a tattoo could be enforced.
But it's not the first time a tattoo artist has wanted to cash in on infringement allegations. In a 2005 federal case settled out of court, an artist who tattooed NBA star Rasheed Wallace's right arm sued to stop the forward from "displaying" the tattoo in Nike advertisements.
The latest lawsuit has focused on the esoteric debate about whether a work first rendered on the human body can be copyright protected. Whitmill had testified that he created the image directly on Tyson's skin.
The Hangover DVD has an expected release date of December.
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