How seriously is Warner Bros taking the lawsuit by Mike Tyson's Maori-inspired tattoo artist that threatens to halt this week's release of The Hangover: Part II?
The studio dispatched two of its top executives to St Louis to testify during a four-hour federal court hearing on whether a judge will issue an injunction preventing the planned Thursday rollout of the highly anticipated comedy sequel.
Warners president of worldwide marketing Sue Kroll and president of domestic distribution Dan Fellman both took the stand in St Louis federal court where S Victor Whitmill is seeking an injunction on the grounds that the facial tattoo worn in the film by Ed Helms violates a copyright on the original work Whitmill created for Tyson.
Whitmill's approach action has already drawn the ire of Maori tattoo artists.
Artist and art director Inia Taylor, who designed tattoos for the Once Were Warriors actors, said earlier this month, when news of the case first surfaced, that he did not think traditional Maori tattoos should not be imitated.
Moko artist Thomas Clark said he did not mind Americans designing Maori-styled tattoos, but drew the line at the traditional moko. He viewed Tyson's tattoo as tribal rather than Maori.
According to sources who attended the hearing, the Warners executives told the court that the studio has spent roughly US$80 million (NZ$100 million) on marketing the sequel to 2009's The Hangover and that blocking the film's debut in cinemas would cause irreparable financial harm. Also, thousands of cinemas are in the process of receiving the film.
Whitmill, who designed the tattoo on Tyson's face, filed his suit on April 28 claiming copyright infringement and asking for an injunction. Whitmill was the sole witness in support of his case at Monday's hearing before US District Court Judge Catherine D Perry.
In court filings, Warners said Whitmill would not be able to succeed on the merits of his claims.
"The very copyrightability of tattoos is a novel issue," the Warner Bros brief said. "There is no legal precedent for plaintiff's radical claim that he is entitled, under the Copyright Act, to control the use of a tattoo that he created on the face of another human being."
Warner Bros said that Tyson's tattoo was ubiquitous and that he appeared in the first Hangover movie without objection from Whitmill. Tyson also appears in the second film but is not a defendant.
You can see the
Trailer: The Hangover Part II
http://www.stuff.co.nz/entertainment/film/5050545/Lawsuit-over-Hangover-Part-II
Perry was expected to issue a ruling on the injunction Tuesday morning.
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