EXCLUSIVE: Cardi B. Prepares Defense For Trial In $5 Million Battle Over Mixtape Cover
(AllHipHop News) Cardi B is going to fight for her money in a $5 million battle over the raunchy cover for her 2016 mixtape "Gangsta "B##ch Music Vol. 1."
A guy named Kevin Michael Brophy claims Cardi used a photo of his tattooed covered back on the cover of the mixtape without his permission.
Brophy is suing Cardi for $5 million. He claims was humiliated because the cover features him giving Cardi B. oral sex as she casually chugs a beer.
Cardi B, real name Belcalis Almanzar, said she was being extorted and is refused to pay Brophy and attempted to have the lawsuit dismissed.
In new court documents, Cardi replied to Brophy's claims by denying knowledge of several key allegations and she is gearing up for a defense claiming the cover is protected under fair use laws.
"Plaintiff is barred from obtaining the relief sought by each and all of his claims by virtue of the doctrine of fair use, taking into account, among other things, the purpose and character of the alleged use by Defendants; the nature of the work, i.e., the photograph, depicting Plaintiff that was allegedly used by Defendants; the amount of the portion of the photograph of Plaintiff that was alleged used by Defendants, in relation to the entirety of the original photograph of Plaintiff; and the effect , if any, of the alleged use by Defendants upon the potential market for or value of the original
photograph of Plaintiff," Cardi's lawyer Alan G. Dowling explained.
Cardi also claims Brophy's demand for $5 million is "speculative" and she claims she didn't even make any money from "Gangsta B##ch Music Vol.1."
Cardi B. will tentatively face off against Kevin Michael Brophy on August 11, 2020.