Cardi B Beats Gangsta Bitch Vol. 1 Mixtape Artwork Lawsuit – Report
UPDATE (OCT. 22):
Following the verdict, Michael Brophy's attorney provided this statement to XXL: "After the verdict Michael Brophy, Cardi b and Mr. Rafael shook hands,they were gracious winners. Mr. Brophy is a stand up human being. If this chapter can close it may be best for the Brophy family’s ability to put this behind them. That’s all that is important."
ORIGINAL STORY (OCT. 21):
Cardi B has reportedly come out victorious in the civil lawsuit against her for the cover of her 2016 mixtape, Gangsta Bitch Music Vol. 1.
On Friday (Oct. 21), a jury of nine people in federal court in Santa Ana, Calif. returned the verdict absolving Cardi B of guilt in the case, according to Law and Crime News senior reporter Meghann Cuniff.
"'We the jury in the above entitled case find the following verdict on the questions submitted to us.' A) liability for claims. 1: Did Mr. Brophy prove by preponderance of evidence his claim that Cardi B, Washpoppin Inc, KSR Group LLC. Jury answered 'No' to each," Cuniff tweeted of the jury's decision.
"It's a full defense verdict for Cardi B. Jury also answered 'no' to whether she and the companies used Brophy's likeness in violation, and they answered 'no' to whether they portrayed Brophy in a false light," she continued.
The verdict comes after a three-day trial in which plaintiff Kevin "Mike" Brophy, accused the Grammy-winning rap star of using his photo for her mixtape without his permission. Brophy initially sued Cardi B in October of 2017, for $5 million after claiming his picture featuring his prominent tiger back tattoo was used as the man appearing to give cunnilingus to the rap star on the cover art for the project.
Over the course of the trial, Brophy set out to show that Cardi B knowingly used his Photoshopped image on the cover without his approval and tried to prove that the decision by Cardi to use the image has had a detrimental affect on his marriage, work life and his kids' perception of him. Brophy referred to Cardi swiping the photo as "digital molestation" while on the stand on Wednesday (Oct. 19).
Cardi B and her lawyers countered that the man in the photo is not Brophy and the modification done to the image of the tattoo falls under First Amendment protection. They also attempted to call a farce to Brophy's claims that he has been woefully affected by the situation.
"There is not one evidence where people believe it’s actually him," Cardi testified on Wednesday. 'He hasn’t gotten fired from his job. He hasn’t gotten a divorce. How has he suffered? … Please tell me how he’s suffered."
In the end, a jury of their peers sided with Cardi.
XXL has reached out Cardi B's attorney and the attorney for Mike Brophy for comment.
Back in January, Cardi B won a defamation lawsuit she levied against YouTuber Tasha K. While the case is still in the appeals process, the judge has ordered Tasha K to pay the rapper $4 million. Cardi also had what amounted to a win in court last month after avoiding jail time by pleading guilty in her 2018 assault case.