Cardi B will file a million lawsuit over a cover of hers


July 22, 2022

"I think this case is very interesting and that the jury will enjoy it," commented the judge.
Cardi B is set to testify in person at the trial of the $5 million lawsuit filed against her over the cover of her mixtape 'Gangsta Bitch Music Vol. 1" of 2016.
 
Kevin Brophy Jr. claimed that the rapper photoshopped his signature back tattoo onto someone else's body and used it without his permission and argued that she ended up usurping his image in a "misleading, offensive, degrading and sexually suggestive manner".

In a hearing that took place on July 18, a federal judge in Santa Ana, California confirmed that Cardi B is expected to testify in person in court.

U.S. District Judge Cormac J. Carney called the case "show time," before adding, "I don't think this case is complicated, but I think it's very interesting and I think the jury will enjoy it."
 
"I would like (jurors) to know that this is the case before they think about whether they want to go out or not," he noted.

In the lawsuit filed in 2017, Kevin Brophy Jr. claims he suffered "pain and humiliation" because the cover in question features his signature back tattoos of a faceless man photographed with his head between Cardi B's legs.

Cardi B had claimed that Brophy's tattoos were unknowingly placed on the back of a man who posed with her for the photo shoot. The rapper then claimed that it's clear it's not the same person in the picture.

"The neck tattoo has been removed, the hand has been repositioned, the lighting and shading have been tweaked to match the limo interior, the image has been tilted to match the model's forward leaning posture, the image has been colored, shaded, and recolored to match the overall background of the base photo used on the cover, and the edges are faded,” the lawsuit states.
 
On Monday, July 18, Brophy's lawyers asked Judge Carney to amend the lawsuit to note that: "Plaintiff alleges that he has not and will not consent to the use of his image by the defendants and that it is depicted in an offensive manner that represents sexual activity with Cardi B."

Cardi B's lawyer, Alan Dowling, also asked the judge to amend the rapper's statement, saying Brophy "is not the man depicted in the image, the image does not depict actual sexual activity, and the use of the design of his tattoo does not portray the plaintiff in a bad light and would be highly offensive to a reasonable person in the plaintiff's position."

Brophy claims he has received "unpleasant comments, questions and ridicule from members of his community and family" regarding the cover of Cardi B's mixtape.

His lawsuit added: "His family dynamics have been adversely affected and his professional and work life has been irreparably damaged by having to account for this non-consensual, offensive and malicious use of his image."

The trial of the suit is expected to begin on August 3.