Monday, November 30, 2020

Man argues mixtape cover explicitly misrepresents him giving oral sex


Could you recognize someone based on a tattoo? Kevin Brophy Jr., surfer guy, alleges that rapper, Cardi B, has misappropriated his likeness and cast him in a “false light” because the rapper has created a mixtape cover that shows, presumably, a man giving her oral sex, and that man has a back tattoo identical to Brophy’s.

Add potential copyright preemption and jurisdictional issues to the right of publicity and right of privacy claims and you have the makings of a great law school exam (if, of course, the law prof provides a trigger warning).

Judge for yourself. And happy artlaw weekend!


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