If somebody was to use my artwork without asking me, I’d be a little furious, & feeling a little bit of excitement and gratitude. As an artist or somebody who distributes art, It would be nice if they showed their gratitude by having someone shout me out, possibly do a scene where I recreate the tattoo, or try to promote the tattoo, anything that shows respect could be enough for me. On the other hand, depending on how I feel, I would really like to be compensated for my artwork. If I’m an artist (not necessarily struggling), I’m going to need every penny for my art because my art isn’t free and I work hard for my art.
So let’s get into it, the person who created the tattoo for Mike Tyson is a Missouri native named S. Victor Whitmill. According to Matthew Belloni from The Hollywood Reporter, Whitmill sued Warner Bros for using his tattoo without permission, in result asking U.S. District Court Judge Catherine D. Perry to stop the release. Push came to shove, unfortunately, he didn’t get the settlement and the movie still went to gross $500 million worldwide, making it the highest R-rated comedy.
When an artist makes a tattoo, and it’s shown elsewhere, he/she does have the right to be credited for their work. Belloni says “copyrighted works are copyrighted works, no matter whether they are painted on canvases or walls or the bodies of former heavyweight champions” Warner Bros. Settles ‘Hangover II’ Tattoo Lawsuit (Exclusive). I wouldn’t go so far as to say that using a tattoo without permission is libel, or stealing anybody’s work or anything, but you have to give credit where it’s due.
Also, as an artist, sometimes it takes just somebody you did a tattoo on, and they play in a movie, and now everybody wants a tattoo from you. This is what you call promotion. If I was in Whitmill’s shoes, I would’ve looked at it in a way of them showing gratitude, or using my art as publicity. It was once said that you can’t pay for free publicity; Anybody who uses your work obviously loves it a great deal, or they wouldn’t even think twice about using it. In a situation where you don’t get the money you sued for, they’ve publicized your piece or art,you get your art in the right hands of people, and now you have a ton of people waiting for you to tattoo them. Chris Nunez and Oliver Peck from GQ critiqued a few people on their tattoo, but they didn’t get to the status they have overnight, they’d have to keep tattooing. Tattoo Artists Critique Rihanna, Justin Bieber, and More Celebrity Tattoos | GQ
I believe that in due time, and the right amount of publicity, the amount that you’re asking from that movie, you’ll make double as much from the publicity you recieved. Sometimes it isn’t always about the work you do, it’s about the hands you get them too.