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mike tyson tattoo portrait
when did mike tyson get tattoo
But the controversy from the original tattoo wasn't the last of it. In THE HANGOVER PART II an exact copy of Tyson's tattoo was featured on the face of actor Ed Helms as part of a humorous plot device. Whitmill was outraged, and claimed copyright over his tattoo. In 2011 he sued Warner, arguing that they had violated his exclusive right to authorize derivative works. Whitmill's decision to sue stirred lingering resentments in Aotearoa/New Zealand around the tattoo's cultural content: in response to the litigation, Maori politician Tau Henare tweeted that it was a “a bit rich” that Tyson's tattooist was claiming someone had stolen the design, given that he had copied it from Maori without permission.
The American former boxer Mike Tyson has four tattoos of note. Three—at least two of them prison tattoos —are portraits of men he respects: tennis player Arthur Ashe, Marxist revolutionary Che Guevara, and Chinese communist leader Mao Zedong. The fourth, a face tattoo influenced by the Māori style tā moko, was designed and inked by S. Victor Whitmill in 2003. Tyson associates it with the Māori being warriors and has called it his "warrior tattoo", a name that has also been used in the news media.
Rachael A. Carmen et al. in the Review of General Psychology posit that Tyson's face tattoo may be an example of "body ornamentation as a form of intimidation". Charlie Connell and Edmund Sullivan in Inked describe it as having become "instantly iconic", while Vice's Mitchell Sunderland ranks it as one of the two things Tyson is best known for, alongside biting off part of Evander Holyfield's ear. Marie Hadley, in A History of Intellectual Property in 50 Objects, writes that the tattoo "has been described as one of the most distinctive tattoos in North America". Its stature has increased over time, aided by Tyson and the 2009 comedy The Hangover, in which it is prominent on Tyson, who appears as a fictionalized version of himself. The tattoo has become strongly associated with Tyson and has made his persona more distinctive.
Warner Bros. asserted about 16 defenses. They acknowledged that the tattoos were similar but denied that theirs was a copy. They further argued that "tattoos on the skin are not copyrightable". They reasoned that a human body is a useful article under 17 U.S.C. § 101 and thus not copyrightable. The question of a tattoo's copyrightability had never been determined by the Supreme Court of the United States. Arguments in the alternative included that Tyson, by allowing them to use his likeness and not objecting to the plot device in The Hangover Part II, had given them an implied license, and that their use of the tattoo constituted fair use as parody because it juxtaposed Tyson as "the epitome of male aggression" with the "milquetoast" Price. Scholar David Nimmer, participating an expert witness for Warner Bros., argued that treating tattoos as copyrightable would violate the Thirteenth Amendment to the United States Constitution as a badge of slavery; Nimmer's declaration was then excluded because it was a legal opinion.
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