The American former boxer Mike Tyson has four tattoos of note.[a] Three—at least two of them prison tattoos[b]—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.
Tyson's face tattoo quickly proved iconic and has become strongly associated with him. Its Māori influence has been controversial, spurring claims of cultural appropriation. In 2011, Whitmill filed a copyright suit against Warner Bros. for using the design on the character Stu Price in The Hangover Part II. Warner Bros. responded with a number of defenses, including that tattoos are not copyrightable; supporting them, scholar David Nimmer argued that it violated the Thirteenth Amendment to the United States Constitution—which prohibits slavery—to give Whitmill copyright over part of Tyson's body.[8] After initial comments by Judge Catherine D. Perry denying an injunction but affirming that tattoos are copyrightable, Whitmill and Warner Bros. settled for undisclosed terms, without disruption to the release of the film.
The legal action renewed claims of cultural appropriation but also saw some Māori tā moko artists defend Whitmill. Legal scholars have highlighted how the case juxtaposes Māori and Anglo-American attitudes on ownership of images. Despite never making it to trial, the case has been widely discussed in the context of the copyrightability of tattoos, a matter which has never been fully resolved in the United States.
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