Warner Bros. Pictures claim they plan to digitally alter the tattoo on Ed Helms’ face for the planned December home video release of “The Hangover Part II” reports THR Esq..
The other month Mike Tyson’s tattoo artist, S. Victor Whitmill, filed an injunction to stop the debut of the comedy sequel because of a copyright infringement and unauthorised use of a tattoo he designed which appears on the face of Helms’ character throughout the movie.
U.S. District Court Judge Catherine D. Perry dropped the injunction the week of the film’s release, saying stopping the release would put too much of a hardship on the studio and thousands of theater owners. She also said Whitmill has a strong chance of succeeding in his lawsuit.
Now, this potentially very costly change on the studio’s part means that Whitmill can only claim for what he would have earned in licensing his tattoo for the theatrical release, not from any future revenues (disc, VOD, cable).
The news comes from documents submitted by the studio arguing against an expedited trial. The trial is now set for February 21st 2012, but both sides are meeting next Thursday week for a mediation.
The document also says the home video release of ‘Hangover’ is currently scheduled for early December 2011, which “would allow Warner Bros. sufficient time to make the change if it becomes necessary.”