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SANTA ANA, Calif. (AP) — A heated exchange between rapper Cardi B and a lawyer. Man sues her for copyright infringement It got so heated on Wednesday that a judge briefly halted the trial.
The Grammy winner gave clear answers to several questions from attorney A. Barry Cappello, who represents a man who claims the rapper abused his likeness on the cover of his 2016 mixtape.
The heated spat between Capello and the star witness prompted U.S. District Judge Cormac Carney to send jurors out of the Santa Ana, Calif., courtroom, telling both sides that he was considering a false trial. After the break, he called the argument “unprofessional” and “unproductive,” but allowed questions to continue – imposing new restrictions on both sides.
Kevin Michael Brophy is seeking $5 million from Cardi B for some of his unique back tattoos on mixtape artwork that shows a tattooed man from behind, His head is between the rapper’s legs.
The rapper said she felt Brophy suffered no consequences for the artwork, but legally molested her for five years. At one point, she said she missed a special moment with her youngest child, who recently turned 1.
“I have empathy for people,” she said. “I care about people. I feel like I’m being taken advantage of. Coming here, I miss the first step a child takes.”
Brophy told jurors on Tuesday he was “humiliated” by the indecent artwork.
At one point, Cardi B pointed out that the man’s face could not be seen in the artwork. Capello calmed her down, but she countered the lawyer’s argument that she knew of the photo-editing software used to place Brophy’s tattoo, which had appeared in a magazine, on another model.
“It’s not the back of your client,” she said of the photo, which featured a black model. Brophy is white. The rapper said she posted a photo of a “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 tattoo without her knowledge. She has previously said that the cover art by Timm Gooden is a transformative fair use of Brophy’s portrait.
Capello said Gooden was offered $50 to create a design, but after he handed in his first draft, he was told to look for another tattoo. He said Gooden googled “back tattoo” before finding an image and sticking it on the cover.
Cardi B’s lawyer Peter Anderson said Brophy had nothing to do with the mixtape images, noting that the model did not have a neck tattoo, while Brophy did.
“It’s not him,” the rapper said. “To me, it doesn’t look like his back at all. The tattoo is modified and protected by the First Amendment.”
That profile hasn’t hindered Brophy’s work at the popular surf and skateboard apparel brand, nor his ability to travel the world in search of opportunities, she said.
“He wasn’t fired,” Cardi B said, suggesting that the mixtape wasn’t a lucrative one for her. “He’s not divorced. How did he suffer? He still works in a surf shop. Please tell me how he suffered.”
Brophy, a self-described family member, said he sent a cease-and-desist letter to Cardi B’s representative asking for the image to be removed, but never heard back. The rapper said she didn’t see the letter.
At one point, Cardi B said she didn’t check her mailbox because it was for “old people” – making some in the courtroom laugh.
When Cardi B left the courthouse, she was surrounded by about 30 high school students who tried to take selfies with her. She smiled and waved as the rapper walked safely to her car, before telling them she would be more responsive after the trial.
Last month, Cardi B plead guilty A criminal case stemming from an altercation at a New York City strip club required her to perform 15 days of community service. Earlier this year, the rapper took home $1.25 million. defamation lawsuit Against a celebrity news blogger who posted fake videos claiming she smoked cocaine, contracted herpes and engaged in prostitution.
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