SANTA ANA, Calif. — Copyright infringement lawsuit involving a man who claims Grammy-winning rapper Cardi B exploited a tattoo on his back to imply sexual content in the cover art of his 2016 mixtape , the jury sided with Cardi B on Friday.
A federal jury in Southern California ruled that Kevin Michael Brophy failed to prove Cardi B misappropriated his likeness. It looked like there was.
Cardi B thanked the jury and admitted she was “pretty nervous” before hearing the verdict.
“I didn’t know if I would lose,” she said after leaving court. She was flocked by several reporters, photographers, and more than 40 high school students who chanted her name. “Yes, I’ll see what I can do,” he replied.
“I told myself that if I won, I was going to curse Mr. Brophy. But I’m not going to curse him,” she said. In court, Cardi B had a short, cordial conversation with Brophy and shook hands.
Brophy filed the lawsuit a year after the rapper’s 2016 mixtape was released. said he was “tormented and humiliated” by the artwork that put his head between the rapper’s legs in a limousine.
“After all, I admire you as an artist,” Brophy said to Cardi B.
Brophy’s attorney, A. Barry Cappello, said he used photo-editing software to give the male model featured on the cover of the mixtape the back tattoo that was published in Tattoo Magazine.
But Cardi B, whose real name is Belcaris Almanzar, disputed that allegation in testimony earlier this week and had a heated exchange with Capello, prompting the trial to be temporarily stayed by U.S. District Judge Cormac Carney. .
Cardi B said Brophy felt unaffected as a result of the artwork. She said Brophy had legally harassed her for five years.
Cardi B provided good answers to some of Cappello’s questions. Her lawyer once asked her to calm down.
Their heated exchange prompted a judge to send jurors from a courtroom in Santa Ana, Calif., to tell both sides that he was considering errors in the trial. After a short break, he called the discussion “unprofessional” and “unproductive”, but allowed the interrogation to resume, imposing new restrictions on both sides.
Cardi B said the artist used only “small parts” of the tattoo without her knowledge. He said it was fair use.
Capello said Gooden was paid $50 to create the design, but was told to find another tattoo after submitting the first draft. I said I googled “back tattoo” before putting it on the cover.
Cardi B’s attorney, Peter Anderson, said the Brophy and mixtape images were unrelated and said the model did not have a neck tattoo.
“It’s not your client’s back,” Cardi B said of the image featuring a black model. The rapper noted that he posted a photo of a “famous Canadian model” on social media.
“It’s not him,” she continued. “It doesn’t look like his back to me. The tattoo has been retouched and is protected by the First Amendment.”
Cardi B said that image hasn’t hindered Brophy’s employment with popular surf and skate apparel brands, nor his ability to travel the world in search of opportunities.
“He wasn’t fired from his job,” the rapper said, hinting that the mixtape wasn’t lucrative for her. I’m still in the surf shop with this job.Tell me how he suffered.”
Last month, Cardi B pleaded guilty to a criminal case stemming from two brawls that demanded 15 days of community service at a New York City strip club. Earlier this year, the rapper was awarded $1.25 million in a defamation lawsuit against a celebrity news blogger who falsely posted a video claiming he used cocaine, contracted herpes and engaged in prostitution.
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