COPYRIGHT INFRINGEMENT THREATENS 'THE HANGOVER PART II' FILM RELEASE

Does it feel like you've been waiting forever for the next instalment of 2009's hilarious movie 'The Hangover?' Well if one tattoo artist has his way, you may have to wait even longer, perhaps even forever.

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Mike Tyson's tattoo artist, S. Victor Whitmill, is suing Warner Bros., claiming the tattoo design on actor Ed Helms' face in 'The Hangover Part II' breaches the copyright the artist is said to have received from the former boxer. Whitmill designed the tattoo Tyson has adorning his left eye socket.

Whitmill is currently suing to stop Warner Bros. from using the tattoo in promotional posters or in the movie, which, in effect could halt the film's release given its integral nature to the film's storyline. He's also seeking monetary damages, for what he calls, "reckless copyright infringement."

Warner Bros. have hit back, arguing that the tattoo in question has been in the public domain long enough for copy cat designs to have emerged.

Watch the trailer for 'The Hangover Part II'
Dana Cole, a legal analyst for ABC News in the US, has suggested that while Warner Bros. may use the 'fair use' argument (copying artwork to make fun of someone or something), it is possible that they are technically in breach of copyright given they will profit from the use of the copyrighted tattoo in "The Hangover 2." 'Fair Use' dictates that the copier of the artwork cannot make a profit from the copying of said artwork.

Given 'The Hangover Part II' is one of the most highly anticipated films of the box-office season, it's likely that they will generate large profits globally. Whether or not those profits can be attributed to the copying of the tattoo in question is likely to be the key argument brought forward by Warner Bros.

INFO: Find out more about 'The Hangover Part II'

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Mike Tyson made a cameo appearance in the first 'Hangover' instalment when the key characters drunkenly stole and then returned his pet tiger. Tyson returns again as himself in The Hangover Part II’ set in Bangkok, Thailand.

Warner Bros. and S. Victor Whitmill are due in court this week over the copyright infringement allegations.

'The Hangover Part II' is due to hit Australian cinemas this week, on Thursday May 26.