Cardi B Requests For The Trial Over Using Tattoo Artist's Design In Her 2016 Mixtape Cover Art To Be
Cardi B Requests For The Trial Over Using Tattoo Artist's Design In Her 2016 Mixtape Cover Art To Be Delayed Due to New Baby's Birth
Cardi B is asking a judge to postpone the use-of-likeness trial over her 2016 'Gangsta B*tch' mixtape cover art because she recently gave birth to her second child. The trial was set to start in October. However, according to reports, Cardi B, born Belcalis Almánzar, recently filed court documents seeking for the case to be pushed back because she's dealing with the responsibilities of having a newborn.
The documents note that the 28-year-old rapper doesn't feel she should be required to travel from the East Coast to Southern California, where the trial will take place, because she has an infant son to care for. The documents also mention the dangers someone may face while traveling because of COVID. Cardi B has asked that the trial be pushed back at least 75 days. The judge has yet to respond to her request.
As previously reported, last December a man named Kevin Brophy Jr. filed a lawsuit against Cardi B for allegedly having his large tattoo design edited onto a model's back featured on the 'Gangsta B*tch' mixtape cover art. The artwork for the mixtape shows Cardi B sitting in what appears to be the backseat of a vehicle while drinking a beer and rubbing the head of a man who has his face in between her legs. The tattoo in question is clearly visible within the image.
Kevin Brophy Jr. is claiming that the cover art ruined his life and is reportedly seeking at least $5 million in damages.
In addition to that, Kevin Brophy Jr. is accusing Cardi B of misappropriating his likeness in
"a misleading, offensive, humiliating and provocatively sexual way."
Following the initial filing of the suit, Cardi argued that the cover image is transformative fair use of Brophy's likeness, however, the judge disagreed.
U.S. District Court Judge Cormac Carney stated,
"To constitute a transformative fair use, the revised image must have significant transformative or creative elements to make it something more than mere likeness or imitation. A reasonable jury, in this case, could conclude that there are insufficient transformative or creative elements on the GBMV1 cover to constitute a transformative use of Plaintiff's tattoo."
According to reports, the judge also ruled that there were not enough surveys, polls, or research done to justify Kevin Brophy Jr.'s large financial request in the suit over the use of the tattoo image for the mixtape.
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