Three—at least two of them prison tattoos[a]—are portraits of men he respects: tennis player Arthur Ashe, Marxist revolutionary Che Guevara, and Chinese communist leader Mao Zedong.

[5] 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.

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.

From 1992 to 1995, while in prison for the rape of Desiree Washington, Tyson read a large number of books, including works by Chinese communist leader Mao Zedong.

[7] Spike Lee sent Tyson a copy of tennis player Arthur Ashe's deathbed memoir, Days of Grace.

Tyson was moved by the book and respected Ashe's ability to be nonconfrontational[8] and admired his political views and his success as a black athlete in a white-dominated world.

[13] Tyson chose tattoos of Mao and Marxist revolutionary Che Guevara to reflect his anger at society and the government while in prison.

[a] The Guevara tattoo, located on the left side of Tyson's abdomen, is derived from Alberto Korda's iconic Guerrillero Heroico photograph.

[28] Tyson saw the tattoo as representing the Māori, whom he described as a "warrior tribe", and approved of the design,[29] which consists of monochrome spiral shapes above and below his left eye.

[38] Rachael A. Carmen et al. in the Review of General Psychology posit that Tyson's face tattoo may be an example of "body ornamentation as a form of intimidation".

[39] Charlie Connell and Edmund Sullivan in Inked describe it as having become "instantly iconic",[35] while Vice's Mitchell Sunderland ranks it as one of the two things Tyson is best known for, alongside biting off part of Evander Holyfield's ear.

On May 24, 2011, Judge Catherine D. Perry denied Whitmill's request to enjoin the film's release, citing a potential $100 million in damages to Warner Bros. and disruption to related businesses.

[50] On June 6, Warner Bros. told the court that, in the event the dispute was not resolved, it would alter the appearance of the tattoo in the movie's home release.

[63] Yolanda M. King in the Journal of Intellectual Property Law agrees that there was an implied license for Tyson to appear in various media[64] and invokes Roberta Rosenthal Kwall's proposal of a public display right for people with copyrighted tattoos.

[66] Bradley and King agree that any license to Tyson would not extend to Warner Bros. recreating the tattoo on another person's face,[67] but Bradley concludes that Warner Bros.' actions were nonetheless likely fair use,[68] while King argues that the replication of the tattoo on Price's face was satire rather than parody and thus not protected by fair use under Campbell v. Acuff-Rose Music, Inc.[69] Ultimately, Bradley writes that, even if a fair use defense failed, Whitmill would not have won significant damages, as he had only registered the copyright after the alleged infringement began and could thus only collect on compensatory damages.