Cardi B has been in a legal battle with a relative ever since she used their distinctive back tattoo on the cover of her se*ually suggestive mixtape. However, A man claiming financial hardship has sued Cardi B for copyright infringement in a federal court in Southern California, asking for more than $5 million in compensation.
Although Cardi B has yet to testify, her legal team has presented strong evidence in her favour.
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Let’s Get to the Truth of What Goes on Between a Rapper’s Legs
A man who claims to have a unique back tattoo has sued Cardi B for $5 million. Moreover, accusing her of infringing on his intellectual property. On Tuesday the man’s lawyer argued in court. That the “WAP” artist had used the man’s likeness for “se*ually suggestive mixtape cover art.”
Barry Capello’s Statement
According to A. Barry Capello, Kevin Micahel Brophy’s life was thrown into disarray, and he experienced emotional distress because of the 2016 artwork. So Capello is suppressing Brophy’s feelings. Further, it is speculated that “photo-editing software” was used to determine where to place the tattoo on the back.
Cardi B’s mixtape cover model, a man named Brophy, was featured in tattoo publications, where fans could admire his one-of-a-kind ink. Indeed, the tattooed man’s head was between the rapper’s legs as he was pictured from behind. The man’s face, however, was hidden.
The lawyer claims that this has completely upended Brophy’s life. The couple now has two young kids.
Cardi B Is Going to Court to Clear Her Name
Cardi B, who was supposed to testify at the trial, argued. However, the tattoo artist only used a “small portion” of her tattoo without her permission. In response to Brophy’s claims, “Up” cover artist Timm Gooden argued that their use of Brophy’s likeness was a “transformative fair use.”
Moreover, Brophy said his tiger-and-serpent tattoo was a “Michelangelo piece” that had turned “raunchy and disgusting”. The defendant claimed in court that the offensive photo is widely misidentified as him despite his denials.
Cadi B’s attorney, Peter Anderson, said the model in the photos is Black. That this proves that Brophy is not Black. The model’s neck is inked, while Brophy’s isn’t. Anderson said in the beginning, “Brophy’s face wasn’t on the mixtape”. She had already achieved legendary status, as the saying goes. Insisting that “it has nothing to do with Brophy,” the attorney said.
Cardi B’s Lawyer
Lawyer for Cardi B says album cover designer Timm Gooden was paid $50. After his initial cover concept was shot down, he went online and copied and pasted an image of a back tattoo that looked strikingly similar to Brophy’s. In the court of law, Cardi B is having a banner year. Brophy’s alleged false light claim in his 2020 lawsuit is somewhere between the invasion of privacy and defamation.
The outcome of Cardi B’s trial could have far-reaching implications for the future of copyright protection for tattoos. In particular, this would involve investigating “the legal implications of media portrayals of tattoos and whether copyright should be assigned to the tattoo artist or the wearer.”