Judge Gives Man More Time to Address Cardi B Mixtape Cover Lawsuit
Cardi B's legal team has been busy this year. A judge recently put a lawsuit concerning one of the rapper's mixtape covers on hold and gave both parties more time to iron things out.
As previously reported, Bardi was sued last October for $5 million by Kevin Brophy, who claims the Bronx rapper used a photo of him on her mixtape cover without permission. The mixtape in question is Gangsta Bitch Music Vol. 1. The cover shows Cardi chugging a bottle of beer while a tattooed man is seen with his face in between her spread legs. Brophy says the photo, which prominently shows his huge back tattoo, was used “in a misleading, offensive, humiliating and provocative sexual way to launch her career in music and entertainment.”
The suit has lingered on with the "Be Careful" rapper's lawyer, Alan G. Dowling, refuting the claims. According to an OC Weekly report on Thursday (July 26), Dowling recently told U.S. District Court Judge Cormac J. Carney, “The suggestion that any of Cardi B’s success or income in any way arose from or is attributed to the use of the tattoo image in that early photo is simply ludicrous. The photo of [Brophy] has been widely circulated on the internet for years, without any known copyright notice, restriction or limitation as to its use.”
He added, “The plaintiff’s assertion that the album art photo depicts ‘him’ engaged in ‘sex’ with Cardi B, ‘cunnilinging’ her [plaintiff’s word], while she looks ‘lustfully’ at the camera—none of which are apparent from the picture itself—is simply a fanciful result of plaintiff’s ego and imagination running amok.”
Brophy, who works in the Southern California surfing and entertainment industry, said he has faced ridicule because the invasion of privacy. For now, the judge has put the case on hold while the question of what jurisdiction the suit should fall in is ironed out. Cardi lives in New Jersey, but Brophy would like the case tried in California.
In May, Carney ruled that Brophy failed to prove his point. The judge has given both parties until August to come forward with their final arguments.
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