Friday afternoon, a federal jury sided with Cardi B in a dispute in which she defended her mixtape cover art against the man who supposedly inspired it.
Cardi B, whose true name is Belcalis Marlenis Almánzar, appeared in court in Santa Ana, California, to face charges of misappropriating Kevin Michael Brophy’s likeness, according to the Associated Press.
In 2017, Brophy sued the Grammy-winning rapper for copyright infringement when her back tattoo of a tiger biting a snake surrounded by roses was edited onto the back of a model on the cover of her debut mixtape, Gangsta Bitch Music Vol. 1. On the album’s cover, a tattooed model is depicted engaging in oral sex with a rapper in a limousine.
After prevailing in court, Cardi B expressed her appreciation on Twitter: “IM BEYOND GRATEFUL.”
—Cardi B (@iamcardib)
21 October 2022
According to Courthouse News, Brophy requested $5 million in damages, arguing that the image of his tattoo used on the record, which was taken off the internet, “devalued” the months-long work of art. Brophy collaborated with tattoo artist Tim Hendricks to create the artwork.
Brophy stated during his testimony, “He was my Michelangelo.” “People would approach me and say, “I can’t believe you own that; may I see it?” When you receive a single small tattoo, that is one thing. This was an adventure. It required much pride. I intend to safeguard this as much as possible.”
He proceeded: “It simply felt worthless. It felt as though my Michelangelo had been snatched off the wall.”
Brophy also maintained that, as a father of small children, he was “humiliated.”
Cardi B contended that she had nothing to do with the album artwork and that Brophy’s life and career have not been affected by her use of a portion of his tattoo. According to the AP, she had contended that the album artwork was transformative and so protected under fair use.
Throughout cross-examination, Cardi B and Brophy’s attorney, A. Barry Cappello, had a heated exchange during the three-day trial.
“He has not been fired and has not been divorced. How has he endured pain? Please describe the extent of his suffering.” Cardi B asked in court.
Cardi B’s attorneys also contended that the notion of Brophy’s tattoo was reasonably popular and that the public did not identify Brophy’s tattoo with Cardi B’s artwork until Brophy filed his lawsuit.
No one viewed that piece of art and wondered, “Oh my God, Mike Brophy, what is he doing with Cardi B?” Peter Anderson, attorney for Cardi B, stated in his closing argument.
The AP stated that Brophy and Cardi B spoke and shook hands after the trial. Brophy told Cardi B, “Ultimately, I do appreciate you as an artist.”
The attorneys for Brophy and Cardi B did not immediately respond to an inquiry from Insider.