“It looks like I’m giving oral sex to somebody that’s not my wife, somebody that’s not my partner, and an image that I never signed off on, ever."
After a five-year legal batter, Costa Mesa surfer, tattoo model and RVCA team manager Mike Brophy has lost his five-million dollar lawsuit against Afro-Latinx rapper Cardi B despite his back art being used on the cover of her 2016 album Gangsta Bitch Music Vol 1.
The album’s cover shows a tattooed man eating hell out of Belcalis Marlenis Almánzar aka Cardi B’s “wet ass pussy”, while she examines the photographer with a quizzical eye, apparently able to have orgasms indefinitely until physical exhaustion intervenes.
Brophy’s lawyer told the court his client’s life had been “disrupted” and that the album cover turned his “Michelangelo piece” into something “raunchy and disgusting.”
“It looks like I’m giving oral sex to somebody that’s not my wife, somebody that’s not my partner, and an image that I never signed off on, ever,” Brophy told the court. “Being a father of two and a devoted husband and a man of faith as well, this goes against everything that I stand for, and I would never ever sign off on something like this.
“For me, it was something I took a lot of pride in… Now, that image feels devalued. I feel robbed. I feel completely disregarded. There’s a lot of things I would like to be spending time on. But the only way to get this removed was to come here to this courtroom.”
Yeah, well, on Friday a Santa Ana jury ruled the cover didn’t “cast Brophy in a false light or constitute a misappropriation of his likeness.”
Cardi B said the album cover’s graphic designer Tim Gooden only used “a small portion” of Brophy’s tatts and that the cover use was “transformative fair use of Brophy’s likeness.”
Exiting the court, Brophy reportedly told his nemesis, “At the end of the day, I do respect you as an artist.”