Cardi B battles with lawyer in racy mixtape artwork case

A heated exchange between rapper Cardi B and the lawyer for a man suing her for copyright infringement got so intense Wednesday that the judge briefly stopped the trial.

Associated Press

Oct 20, 2022, 12:52 PM

Updated 560 days ago

Share:

Cardi B battles with lawyer in racy mixtape artwork case
SANTA ANA, Calif. (AP) — A heated exchange between rapper Cardi B and the lawyer for a man suing her for copyright infringement got so intense Wednesday that the judge briefly stopped the trial.
The Grammy winner delivered pointed answers to several questions by attorney A. Barry Cappello, who is representing a man who claims the rapper misused his likeness on the cover of a 2016 mixtape.
The testy back-and-forth between the Cappello and the star witness prompted U.S. District Judge Cormac Carney to send jurors out of the Santa Ana, California courtroom and tell both sides he was considering a mistrial. After a break, he called the arguing “unprofessional” and “not productive” but allowed questioning to resume – placing new restrictions for both sides.
Kevin Michael Brophy is seeking $5 million from Cardi B over the appearance of some of his distinctive back tattoos on the mixtape’s artwork, which shows a tattooed man from behind with his head between the rapper’s legs.
The rapper said she felt Brophy hadn’t suffered any consequences as a result of the artwork, yet has harassed her legally for five years. At one point she said she missed a special moment with her youngest child, who recently turned 1-year-old.
“I have empathy for people,” she said. “I care about people. I feel like I’m being taken advantage of. I missed my child’s first step by being here.”
Brophy told jurors Tuesday that he felt “humiliated” by the racy artwork.
At one point, Cardi B pointed out that the man’s face cannot be seen in the artwork. Capello asked her to calm down, but she instead barked back at the lawyer’s contention that she knew about photo-editing software used to put Brophy’s tattoos – which have been featured in magazines – on another model’s body.
“It’s not your client’s back,” she said about the image, which features a Black model. Brophy is white. The rapper said she posted a photo of the “famous Canadian model” on her social media.
Cardi B, whose real name is Belcalis Almanzar, said an artist used only a “small portion” of the tattoos without her knowledge. She had previously said the cover art – created by Timm Gooden — was transformative fair use of Brophy’s likeness.
Cappello said Gooden was paid $50 to create a design but was then told to find another tattoo after he turned in an initial draft. He said Gooden googled “back tattoos” before he found an image and pasted it on the cover.
Cardi B’s lawyer, Peter Anderson, said Brophy and the mixtape image are unrelated, noting the model did not have neck tattoos, which Brophy does.
“It’s not him,” the rapper said. “To me, it doesn’t look like his back at all. The tattoo was modified, which is protected by the First Amendment.”
She said the image hasn’t hindered Brophy’s employment with a popular surf and skate apparel brand or his ability to travel the world for opportunities.
“He hasn’t gotten fired from his job,” said Cardi B, who implied that the mixtape was not a lucrative one for her. “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, a self-described family man, said he sent a cease-and-desist letter to Cardi B’s representatives to remove the image, but he never received a response. The rapper said she hadn’t seen the letter.
At one point, Cardi B said she doesn’t check her mailbox because that’s for “old people” – leading some in the courtroom to chuckle.
When Cardi B left the courthouse, she was swarmed by around 30 high schoolers who were attempting to take selfies with her. As the rapper walked toward her vehicle with security, she smiled and waved before telling them she would be more responsive after the trial.
Last month, Cardi B pleaded guilty to a criminal case stemming from a pair of brawls at New York City strip clubs that required her to perform 15 days of community service. Earlier this year, the rapper was awarded $1.25 million in a defamation lawsuit against a celebrity news blogger who posted videos falsely stating she used cocaine, had contracted herpes and engaged in prostitution.


More from News 12
2:00
FDNY: Dozens homeless after 5-alarm fire destroys Bushwick supermarket

FDNY: Dozens homeless after 5-alarm fire destroys Bushwick supermarket

1:37
Summerlike weather returns to NYC with temps in the 80s; cooler weather for the weekend

Summerlike weather returns to NYC with temps in the 80s; cooler weather for the weekend

2:03
New exhibit at Brooklyn Museum unveils new photos taken by Beatles' Paul McCartney

New exhibit at Brooklyn Museum unveils new photos taken by Beatles' Paul McCartney

0:32
NYPD: Suspect driver wanted for assaulting 59-year-old man in Williamsburg

NYPD: Suspect driver wanted for assaulting 59-year-old man in Williamsburg

0:23
Police: 2-car Prospect-Lefferts Gardens crash leaves person hospitalized

Police: 2-car Prospect-Lefferts Gardens crash leaves person hospitalized

0:36
Live Nation Concert Week offers $25 tickets to over 5,000 shows

Live Nation Concert Week offers $25 tickets to over 5,000 shows

2:22
Do you constantly reuse the same username and password? 6 steps to help safeguard your online accounts

Do you constantly reuse the same username and password? 6 steps to help safeguard your online accounts

1:27
Kingsboro Psychiatric Center workers demand their bosses get fired due to bullying, nepotism

Kingsboro Psychiatric Center workers demand their bosses get fired due to bullying, nepotism

2:46
SBU officials: 29 people arrested on campus as students hold pro-Palestinian protest

SBU officials: 29 people arrested on campus as students hold pro-Palestinian protest

1:51
RFK announces he has enough signatures to appear on NY ballot

RFK announces he has enough signatures to appear on NY ballot

1:46
Tenants weigh in on possible rent hikes for rent-stabilized homes

Tenants weigh in on possible rent hikes for rent-stabilized homes

1:38
Parks Department held community input meetings over new construction of skate parks

Parks Department held community input meetings over new construction of skate parks

1:27
Power restored in Manhattan Beach following 18-wheeler truck crash

Power restored in Manhattan Beach following 18-wheeler truck crash

0:34
FBI arrests Brooklyn man in Mount Vernon robbery, homicide

FBI arrests Brooklyn man in Mount Vernon robbery, homicide

1:53
Elected officials call on mayor to bring Staten Island ferry back to former Bay Ridge Pier

Elected officials call on mayor to bring Staten Island ferry back to former Bay Ridge Pier

0:31
Authorities arrest 31-year-old man in connection to fatal Williamsburg crash

Authorities arrest 31-year-old man in connection to fatal Williamsburg crash

2:19
Rent hikes may be coming for tenants in rent-stabilized apartments

Rent hikes may be coming for tenants in rent-stabilized apartments

1:54
Funeral held for DJ Mister Cee in Downtown Brooklyn

Funeral held for DJ Mister Cee in Downtown Brooklyn

1:48
Mayor's administration awards $12.3 million emergency contract to run migrant shelter in Brooklyn

Mayor's administration awards $12.3 million emergency contract to run migrant shelter in Brooklyn

1:51
Brooklyn animal shelter hopes to find pets forever homes on National Adopt a Shelter Pet Day

Brooklyn animal shelter hopes to find pets forever homes on National Adopt a Shelter Pet Day