Seeing an image of yourself dispersed in widespread media without your consent would definitely cause anyone stress—but what happens when it’s a picture of your tattoo? Of course, lots of people’s tattoos are taken from somewhere else, so it shouldn’t bother them much to see them replicated on another. However, when it comes to a full-fledged custom back piece being used in a way that paints you in a false light, that’s a different story.
A California man, Kevin Michael Brophy, is suing Cardi B, whose real name is Belcalis Almánzar, for $5 million for superimposing a picture of his back tattoo onto the cover of her 2016 debut mixtape “Gangsta Bitch Music Vol. 1.” The artwork depicts a man’s back, upon which you can see a portion of Brophy’s tattoo, as his head lies between the rapper’s legs.
In the lawsuit, Brophy claims to have been humiliated by the album art, telling the court that “it looks like I’m giving oral sex to somebody that’s not my wife, somebody that’s not my partner, and an image that I never signed off on, ever.” He follows, “Being a father of two and a devoted husband and a man of faith as well, this goes against everything that I stand for, and I would never ever sign off on something like this.”
Almánzar’s lawyer, Peter Anderson, countered by saying that Brophy’s face can’t be seen on the cover, and it couldn’t be mistaken as him as the man depicted is Black with hair and Brophy is a white man with a shaved head. Nonetheless, Brophy has claimed people in his life, including his wife, questioned if it was him on the cover.
The rapper insinuated that Brophy hadn’t suffered any consequences as a result of the artwork, with her legal team also labeling the accusations as an effort to “cash in the legal equivalent of a lotto ticket.” “This is not about taking anything down. Y’all have been harassing me for $5 million,” the rapper said to Brophy’s attorney, A. Barry Cappello, also noting that the mixtape was not even lucrative for her and that her cut was even less than what Brophy is seeking in the suit.
The creator of the mixtape cover, Tim Gooden, was paid $50 for the artwork. He originally proposed a different design that was shot down after the first draft, and thus Googled “back tattoos” in search of other options before coming across Brophy’s.
“It’s not him,” the brazen rapper said. “To me, it doesn’t look like his back at all. The tattoo was modified, which is protected by the First Amendment.” In response to Brophy’s claims of being detrimentally affected by the cover, Almánzar fired back, “He hasn’t gotten fired from his job. He hasn’t gotten a divorce. How has he suffered? He’s still in a surf shop at his job. Please tell me how he’s suffered.”
Brophy had sent a cease-and-desist letter to Cardi B’s representatives to get the image removed, but never received a response. The rapper said she never saw the letter, adding that checking her mailbox is for “old people,” prompting some chuckles from the courtroom.
The trial is set to last four days with a verdict expected later today. What do you think—is this whole lawsuit an unfounded cash grab, or is there validity to Brophy’s devastation? If you saw your large, custom tattoo used in a famous rapper’s mixtape cover, would you try to get a piece of the profit, too?
Source: www.inkedmag.com