A lawyer said that Singer CardiB repeatedly “blew off,” an RVCA marketing worker’s efforts to alter her debut album cover. Some people misunderstood the photoshop of a tattoo on a woman as if the artist were performing sex acts with them.
Kevin Michael Brophy Jr. sued Belcalis Almanzar (known as Cardi B), claiming that his privacy has been invaded. In Santa Ana, a federal jury is hearing the official claims. They include misappropriation and use of alikeness in violation to state law.
The rapper’s attorney claimed Brophy had not produced any witnesses. Cardi B’s lawyers have filed a First Amendment defense for “transformative usage” as the tattoo portion that was taken from an internet image was modified with Photoshop. It was then placed on another model’s back.
Lawrence Conlan, Brophy’s lawyer, argued that Mike Brophy’s privacy was invaded and violated in a manner which is “grossly offensive” to him.
Brophy also seeks an injunction by U.S. District Judge Cormac Cartney to stop Cardi B from using the cover for her debut album, Gangster Bitch Music, Volume. 1.” 1.
Brophy says he is trying to “be a role model” for young athletes through his work in marketing at the clothing company. He received the tattoo through his Fullerton friend Tim Hendricks for a full year.
Conlan stated that Brophy had been “humiliated” and “embarrassed” by “jabs,” who posted about it on social media.
Conlan explained, “He didn’t ask for it. He does not want it. They should stop.”
Conlan claimed that tattoos such as the “backpiece”, are “part of him identity” and “at the heart of this matter.”
Conlan said that Conlan’s tattoo depicting a tiger with a serpent is “a masterpiece” that he wears on his skin. He can show it however he wishes.
Conlan stated that Brophy is “regular”, a man with two beautiful children and a wife. He doesn’t want to be famous. His anxiety about the cover of the album stems partly from his fear that he will have to explain it to his kids one day.
Conlan explained that Conlan was afraid to speak to his kids one day about the events. Conlan said, “He would like to be able tell his children that he did something to stop it from happening again and won justice.”
Conlan stated that no one likes the tattoo of Calvin and Hobbes on the back the Canadian model used for their album photo shoot. Conlan stated that Brophy’s image was found by Conlan and used some of it as a photoshop to add the model.
Conlan stated that musicians should be aware of the importance to obtain consent prior to using images. Conlan claimed that Cardi B’s representatives “blew it off” when Brophy wrote a cease and desist letter.
Conlan made clips of Cardi B as part of her deposition, when she rejected Brophy’s claims.
Cardi B, who was deposing the model, said that “I didn’t give a [expletive] about this tattoo.” She was speaking to Cardi B regarding the original skin artwork. What does this have to do with you?”
Cardi B claimed that the model was very cute and that the focus of her art was on her face.
She said, “Does the man appear to be in distress?” during deposition. How does this affect your life? It’s ridiculous. This is just wasting my time. It wastes my money.”
Conlan stated that Conlan didn’t recognize his feelings.
Conlan claimed that all her camp needed to do to get rid of the model was to crop the image as it was on April 2020’s vinyl.
Conlan stated that Cardi B made $1.3million in album profits and suggested the jury take it all, or any portion, and hand it over to his client. Conlan also suggested that the jury could give his client between $100,000 and $500,000 in damages for five elements, which include humiliation or embarrassment.
Cardi B is accused by him of prioritizing his clients’ privacy over profits.
Peter Anderson (Cardi B’s attorney) countered that Brophy was looking for dollars rather than repairing his reputation.
Anderson stated that Brophy was able to present witnesses after five years of litigation. They could also testify about harassment or tease regarding the album cover.
Anderson claimed that Anderson had not proven any of the social media postings or texts taking shots at Mr. Brophy. Anderson said, “Why didn’t they call any one of these people?” Cardi was correct. It was her way of saying it, but who are the witnesses?”
Anderson also claimed that Brophy is not the same model as Anderson on the album. Brophy is white and has a full hair, while Anderson is Black.
Anderson explained that anyone would be able to see artwork other than Mike Brophy’s.
Anderson stated that Cardi B has posted photos of herself with the model in the album art photo shoot.
Anderson claimed that Anderson had also seen photos similar to these from the model.
Anderson said that tattoos have a lot of common images of the tiger.
Anderson stated that Anderson did not argue for a copyright claims, which would have to be accompanied by the taking of an individual’s ID. Anderson stated that the artwork does not depict his face.
Anderson stated that Anderson was the only person in their case. This isn’t asking anybody to stop. This was not about asking anyone to stop. It was about trying for as much as possible.