Kevin Brophy says the cover of Cardi’s debut mixtape left him “devastated.” Her lawyers say he’s trying to “cash in the legal equivalent of a lotto ticket.”
in Los Angeles federal court against Cardi , claiming that he had been “shocked, outraged, humiliated, and appalled” when friends notified him about the mixtape cover.
In addition to naming Cardi herself as a defendant, the case also named her company, Washpoppin Inc., and KSR Group, the company owned by her former manager firm, the designer who actually copy-and-pasted Brophy’s back tattoo onto the cover.Seeking to have the case tossed out without a trial, attorneys for Cardi argued that thecover made “transformative fair use” of Brophy’s likeness – a key defense that would have afforded them the protection of the First Amendment.
“The tattoo design itself, as ‘priceless’ as it may be to plaintiff, subjectively speaking, was only used in an anonymous manner, as a single building block, one small peripheral element, in a complex picture and scenario in which Cardi B is the focus and central figure,” Cardi’s lawyers wrote in a brief earlier this year.
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