SANTA ANA, Calif. (AP) — A self-described household man with a particular again tattoo felt humiliated after Cardi B allegedly misused his likeness for her sexually suggestive mixtape cowl artwork, his lawyer mentioned throughout opening arguments Tuesday.
Kevin Michael Brophy is suing the Grammy-winning musician in a $5 million copyright-infringement lawsuit in federal court docket in Southern California. His attorneys say Brophy’s life was disrupted and he suffered misery due to the 2016 paintings.
Brophy’s lawyer A. Barry Cappello mentioned photo-editing software program was use to place the again tattoo, which has appeared in tattoo magazines, onto the male mannequin used within the mixtape cowl. The picture reveals a tattooed man from behind together with his head between the rapper’s legs. The person’s face can’t be seen.
Cardi B, who is predicted to testify through the trial, is combating the allegations and mentioned an artist used solely a “small portion” of the tattoos with out her information. She had beforehand mentioned the duvet artwork – created by Timm Gooden — was transformative truthful use of Brophy’s likeness.
“Their life has been disrupted,” Cappello instructed the jury as Cardi B, whose actual title is Belcalis Almanzar, watched from the protection desk. He mentioned the picture disturbed Brophy alongside together with his spouse, Lindsay Michelle Brophy, who he says initially questioned her husband if it was him within the cowl artwork. The couple has two younger youngsters.
Brody has mentioned he as soon as thought-about his again tattoo that includes a tiger battling a serpent to be a “Michelangelo piece” that has since develop into “raunchy and disgusting.”
Protection filings have identified that the mannequin who posed for the pictures was Black, whereas Brophy is white.
Cardi B’s lawyer Peter Anderson mentioned Brophy and the mixtape picture are unrelated. He mentioned the mannequin didn’t have tattoos on his neck, which Brophy does.
“Brophy’s face wasn’t on the mixtape,” Anderson mentioned throughout his opening assertion. “She was already widespread. It has nothing to do with Brophy.”
However Brophy contested in court docket that everybody who is aware of him believed he was on the mixtape cowl. He mentioned the offensive picture was one thing he would by no means approve.
Brophy mentioned he despatched a cease-and-desist letter to Cardi B’s representatives to take away the tattoo, however he by no means acquired a response.
“For me, it was one thing I took a whole lot of pleasure in,” Brophy mentioned about his tattoo. “Now, that picture feels devalued. I really feel robbed. I really feel utterly disregarded. There’s a whole lot of issues I wish to be spending time on. However the one technique to get this eliminated was to come back right here to this courtroom.”
Cappello mentioned Gooden was paid $50 to create a design however was then instructed to search out one other tattoo after he turned in an preliminary draft. He mentioned Gooden googled “again tattoos” earlier than he discovered a picture and pasted it on the duvet.
Final month, Cardi B pleaded responsible to a prison case stemming from a pair of brawls at New York Metropolis strip golf equipment that required her to carry out 15 days of group service. Earlier this 12 months, the rapper was awarded $1.25 million in a defamation lawsuit towards a star information blogger who posted movies falsely stating she used cocaine, had contracted herpes and engaged in prostitution.
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