Mike Tyson's Tattoo

I have resisted writing about this for as long as I have resisted seeing the movie but by now everyone has heard about the recently settled lawsuit arising from "The Hangover Part II" specifically over Ed Helms replica of Mike Tyson's face tattoo.

Victor S. Whitmill, the tattoo artist who first gave Tyson his signature Maori-warrior inspired facial tattoo sued Warner Brothers for "reckless copyright infringement".

The concept may appear silly or sinister until one is reminded of the purpose of copyright --which is to protect "original works of authorship" including works of visual art. I have never represented a tattoo artist but I have represented professional photographers and graphic artists and I can attest that their rights are routinely violated by others who are either ignorant or unconcerned with their intellectual property rights in and to their own work. In this respect, Mr. Whitmill's lawsuit against the makers of "The Hangover Part II" has real significance.

Because the lawsuit settled we will never get to examine the more fascinating issues of the case – Warner Brothers' apparent defense of fair use (i.e. Mr. Helms' tattoo was allegedly a parody of Mike Tyson's tattoo) or my initial question – was Mr. Whitmill's tattoo "fixed in a tangible medium of expression"( as is required by Section 102 of the Copyright Act) but scholars will still have an opportunity to debate these issues for some time to come.

Americana Music Association Conference

To my friends in the Nashville area, or anyone who might be attending the Americana Music Association Conference this week, I am on a panel tomorrow (Thursday September 9) at 9:00 a.m. with my friends Webb Wilder, David Wykoff and John Allen. The topic is "Protecting Your Intellectual Property in the World of Indie Labels and Publishers." Speaking for all of us, I know we have some terrifying stories. Come by if you can. There are a number of interesting panels starting today and, of course, lots of great music between now and Saturday.

What Nashville Needs: More Lawyers

I was surprised to read last week that Nashville’s Belmont University plans to open a law school in 2011. This will be the first new law school to open in Tennessee in over a century. Nashville already has two law schools, Vanderbilt University and the venerable Nashville School of Law, so one wonders why the area needs another law school or indeed more lawyers. On the other hand, the school has apparently identified a specific need. In an interview in the Tennessean, one of the schools’ consultants pointed out that over fifty percent of the applicants for the Tennessee Bar came from law schools outside of the state (myself included). Also, Belmont has already established itself with a strong MBA program and a strong music business program (they even have a Turtle on the faculty). The school is hinting that it might offer a focus in entertainment and intellectual property law; that would be a very good thing.