Cardi B To Face Trial Over Tattoo Rip-Off -
Cardi B

Cardi B

Cardi B To Face Trial Over Tattoo Rip-Off

by on December 9, 2020

in News

Cardi B will face a jury next year in a trial over claims she used a man’s distinctive tattoo on the cover of her debut mixtape.

Kevin Brophy, Jr. has claimed the man orally pleasuring the rap star in the photo on the front of her Gangsta Bitch Music Vol. 1 mixtape has skin art on his back of a tiger battling a snake that resembles a design he has, and is demanding $5 million (£4 million) in damages for the violation of his right of publicity.

While Cardi hit back and asked for a dismissal of the case in August, U.S. District Court Judge Cormac Carney rejected her motion. The case went to federal court on Friday, with the Bodak Yellow star arguing the cover image is transformative fair use of Brophy’s likeness.

However, Judge Carney disagreed, stating: “To constitute a transformative fair use, the revised image must have significant transformative or creative elements to make it something more than mere likeness or imitation. A reasonable jury in this case could conclude that there are insufficient transformative or creative elements on the GBMV1 cover to constitute a transformative use of Plaintiff’s tattoo.

“Most significantly, defining elements including the tiger and snake remain virtually unchanged. Under these circumstances, a jury will have to decide the merits of Defendants’ defence.”

Judge Carney also disagreed with Brophy’s consultant Douglas Bania on how much damages and how much money was related to the use of the image for Gangsta Bitch Music Vol. 1.

“Put another way, Bania’s theory means that if Defendants had not used Plaintiff’s tattoo on the GBMV1 cover, Cardi B would have made no money on the album – at least on the streaming services where the tattoo appears. There is absolutely no basis for this conclusion, and the Court in its role as gatekeeper will not allow a jury to rely on it,” Judge Carney said. 

Punitive damages are still on the table, however, with the trial set to go in front of a jury next year.



Related Posts

Parkway Drive
Parkway Drive Cancel Viva The Underdogs Tour

Parkway Drive have cancelled their upcoming Viva The Underdogs tour citing uncertainty with performances in venues of that nature with Covid restrictions still in place.

9 hours ago
Eilish Gilligan
Eilish Gilligan, Alex Lahey and Gab Strum Get Together For ‘Up All Night’

Melbourne’s Eilish Gilligan hooked up with her friends Alex Lahey and Gab Strum (Japanese Wallpaper) for a new song ‘Up All Night’.

10 hours ago
Seth Sentry
Seth Sentry To Release First Album In Six Years

Mornington hip-hop artist Seth Sentry will release his first album in six years ‘Super Cool Tree House’ in June.

18 hours ago
Rihanna photo by Ros O'Gorman
Rihanna Is Making A Comeback

Rihanna's music comeback is edging closer after she lined up a music video shoot.

21 hours ago
Pink: Photo Ros O'Gorman
Watch Pink’s All I Know So Far Trailer

Pink has a documentary ‘All I Know So Far’ all set to stream and a new song to go along with it.

2 days ago
Rag n Bone
Rag’n’Bone Man and Pink Team For Charity Single

Rag'n'Bone Man and Pink are set to release 'Anywhere Away From Here' as a charity single.

2 days ago
Katy Perry, photo by Ros O'Gorman, rod laver arena, Melbourne 2014
Katy Perry Has A Pokemon Tune Coming

Katy Perry will release a new track inspired by her love of Pokemon on Friday.

2 days ago