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This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings, and all the fun stuff in between. This week: Cardi B avoids millions in damages by winning her trial over a sexually-explicit album cover, Jay-Z files a lawsuit to escape his Cognac partnership with Bacardi, Miley Cyrus quickly settles a case over an Instagram photo of herself, and much more.
THE BIG STORY: Cardi B Wins Trial Over ‘Raunchy’ Album Cover
It was all over pretty quick.After nearly five years of litigation, it took just four days of trial and 90 minutes of deliberation for a jury to clear Cardi B of wrongdoing in a lawsuit filed by Kevin Brophy, a California dad whose back tattoos were unwittingly photoshopped onto a “raunchy” Cardi album cover.Brophy sued in 2017 for millions in damages, claiming he was “devastated, humiliated and embarrassed” by the cover of her 2016 mixtape Gangsta Bitch Music Vol. 1. The image featured Cardi staring directly into the camera with her legs spread wide, holding a man’s head while he appears to perform oral sex on her.Here was the problem: While the actual man in the image was a model who had consented to the shoot, a giant tattoo on his back belonged to Brophy. Unbeknownst to Cardi, a freelance graphic designer had typed “back tattoos” into Google Image, found one that fit (Brophy’s), and photoshopped it onto the model’s body. It apparently didn’t occur to him that he would need anyone’s approval to do so.When the trial kicked off last week, Brophy testified that the image had been a “complete slap in the face” and had caused him “hurt and shame.” Then on Wednesday, Cardi herself took the stand — repeatedly sparring with Brophy’s attorney (A. Barry Cappello of Cappello & Noel LLP), demanding “receipts” to support the allegations, and accusing him and his lawyers of “harassing” her in hopes of scoring a settlement.In the end, jurors were clearly swayed by the arguments from Cardi’s lawyers (Peter Anderson of Davis Wright Tremaine LLP and Lisa F. Moore of Moore Pequignot LLC). Among other defenses they raised, their primary argument was pretty simple: That nobody would have recognized a relatively unknown man based merely on his back tattoo, and that he had little proof anyone did.After the verdict, Cardi took to Twitter to celebrate her legal victory: “I just won this lawsuit …Im soo emotional right now,” the superstar wrote. “I wanna kiss Gods feet right now …..IM BEYOND GRATEFUL!!!!”
Other top stories this week…
HOV WANTS OUT OF BOOZE BIZ — Jay-Z filed a lawsuit seeking to end his involvement with D’Usse Cognac, a brand he currently co-owns with spirits giant Bacardi. The rap mogul’s lawyers claimed that Bacardi is legally required to buy out his half of the business, but that the company is “lowballing” and “stonewalling” him to get a cheaper price. The lawsuit said Jay-Z’s move to exit D’Usse came amid “growing concern” about how Bacardi was running the company, including supply chain failures and an unwillingness to change prices.HEDLEY SINGER SENTENCED FOR SEX ASSAULT — Singer Jacob Hoggard, the former frontman for multi-platinum pop-rock band Hedley, was sentenced in Canada to five years in prison for the sexual assault of an Ottawa woman. The sentence came after a June verdict that found Hoggard guilty of sexual assault causing bodily harm of a woman known only as “JB” during a 2016 incident in an Ontario hotel room. Hoggard could have received as much as 14 years, but prosecutors sought only six to seven years. His defense attorneys asked for three to four years.ONE ASTROWORLD VICTIM SETTLES CASE — Attorneys for the family of Axel Acosta, a 21-year-old man who died at the last year’s Astroworld music festival in Houston, announced they had reached an agreement to resolve their legal case against Live Nation and Travis Scott, one of the first known settlements in the sprawling litigation over the disaster. But sources close to Scott quickly said he had not been involved in settlement talks, and no formal notice was filed on the court’s docket, leading to uncertainty about what had actually happened. Even if a deal is struck by Acosta’s family, thousands of other alleged victims are still seeking billions of dollars in damages from Live Nation, Scott and others, claiming they were legally negligent in how they planned and conducted the event.CHARGES DROPPED AGAINST LIL DURK — Prosecutors in Georgia told a judge that they would no longer pursue criminal charges against the Chicago rapper (real name Durk Derrick Banks) over a 2019 shooting in downtown Atlanta, citing “prosecutorial discretion.” Along with the late rapper King Von, Durk was arrested way back in May 2019 on accusations that he was involved in gunfire near the popular Atlanta restaurant The Varsity, which left a victim with a non-fatal gunshot wound to the thigh. More than three years later, prosecutors insisted “probable cause existed for the defendant’s arrest” but that “the decision of the District Attorney at this time is not to prosecute.”MILEY CYRUS ENDS INSTAGRAM CASE — Just a month after it was filed, Miley Cyrus settled a copyright lawsuit that accused the star of violating copyright law by posting a paparazzi photo of herself to Instagram. Such allegations are a bizarrely common legal problem for celebrities, and over the past few years Dua Lipa, Justin Bieber, Ariana Grande, Emily Ratajkowski, LeBron James, Katy Perry and others have all faced similar cases. Like Miley’s case, most of the lawsuits quickly settle. That’s because it’s actually a pretty cut-and-dried legal issue: Photographers own the copyrights to the images that they take, and using those photos without a license constitutes infringement. Unfair as it might seem, appearing in an image does not give a celebrity co-ownership of it, nor does it give them a right to repost it for free.MUSIC HACKER GETS TWO YEARS IN PRISON — A British computer hacker who stole unreleased songs from Ed Sheeran and Lil Uzi Vert was sentenced in the UK to 18 months in prison. Prosecutors said Adrian Kwiatkowski, 23, hacked the artists’ cloud-based accounts and sold their songs on the dark web in exchange for $147,000 in cryptocurrency. The case was actually sparked by the Manhattan District Attorney’s Office, which linked the crime to Kwiatkowski and then handed the case off to British authorities.
Madonna is showing her love for Cardi B after the superstar duo patched up their feud over comments the Queen of Pop made while reflecting on the 30-year anniversary of her Sex coffee table book.
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Madge took to her Instagram Stories on Monday (Oct. 24) to share a video of herself dancing and lip syncing along to Cardi’s GloRilla collab, “Tomorrow 2.” She captioned the clip with a sweet “[heart] u @iamcardib.” Madonna followed up by giving love to Miley Cyrus and Kim Kardashian, whom she also mentioned while reflecting on her book.
Watch her Stories before they disappear here.
On Sunday morning (Oct. 23), Cardi B fired off a series of since-deleted tweets sharing that she felt disrespected by comments Madonna made on her Instagram Story the previous evening about how she helped pave the way for other female artists expressing their sexuality.
“30 years ago I published a book called S.E.X. In addition to photos of me naked there were photos of Men kissing Men, Woman kissing Woman and Me kissing everyone,” Madonna wrote on Saturday, noting that she faced a great deal of criticism at the time. “Now Cardi B can sing about her WAP. Kim Kardashian can grace the cover of any magazine with her naked ass and Miley Cyrus can come in like a wrecking ball.”
The final line of Madonna’s post read, “You’re welcome b—-es,” followed by a clown emoji.
“I literally [paid] this woman homage so many times cause I grew up listening to her …she can make her point without putting clown emojis and getting slick out the mouth,” the rapper wrote in a now-deleted tweet alongside a screenshot of a 2018 Billboard article in which she praises Madonna. “These icons really become disappointments once u make it in the industry that’s why I keep to myself.”
Later Sunday morning, Hollywood Unlocked founder Jason Lee tweeted that he was “on the phone with Madonna and Cardi” and listening to the stars “share their perspective on the communication going on has broadened their love for each other.”
Both Cardi and Madonna then took to Twitter to reveal that they have reconciled. “I talked to Madonna …It was beautiful …Have a great day and drive safely yallll,” the rapper wrote. Madonna added, “I love you @iamcardib!! Always have and always will.”
A federal jury on Friday (Oct. 21) said Cardi B was not legally liable in a lawsuit filed by a California man whose back tattoos were unwittingly photoshopped onto an album cover, making it look like — he claimed — he was the one performing oral sex on her, according to Law360. The verdict allows the superstar to avoid millions of dollars in requested damages.
Following a four-day trial, the jurors said that Cardi (real name Belcalis Almánzar) did not violate Kevin Brophy’s rights with the bawdy cover of her 2016 mixtape Gangsta Bitch Music Vol. 1, which accidentally featured a large image of Brophy’s back tattoo.
The actual man in the image was a model who had consented to the shoot, but a giant tattoo on the man’s back belonged to Brophy. Unbeknownst to Cardi, a freelance graphic designer had typed “back tattoos” into Google Image, found one that fit (Brophy’s), and Photoshopped it onto the model’s body. It apparently didn’t occur to him that he would need anyone’s approval to do so.
Brophy testified that the “raunchy” cover had been a “complete slap in the face” that had caused him “hurt and shame,” but jurors were clearly swayed by Cardi’s defenses — like the idea that nobody could even recognize him from the image of his back.
Brophy sued in 2017 for millions in damages, claiming he was “devastated, humiliated and embarrassed” by the cover. He claimed Cardi and others violated his so-called right of publicity by using his likeness without his consent, and also violated his right to privacy by casting him in a “false light” that was “highly offensive.”
Ahead of the trial, Cardi’s legal team argued those accusations were “sheer fantasy” and “vastly overblown” — and that Brophy was just suing her in an effort to “cash in the legal equivalent of a lotto ticket.” Her team says nobody would have recognized a relatively unknown man based merely on his back, and that he has little proof anyone did.
Friday’s verdict came after four heated days of trial. Cardi took the witness stand on Wednesday, repeatedly sparring with an opposing attorney, demanding “receipts” to support Brophy’s claims, and accusing him and his lawyers of “harassing” her in hopes of scoring a settlement.
Brophy has options to appeal the verdict, if he so chooses: First by asking the judge to overturn the verdict, and then by taking the case to a federal appeals court.
Rapper Offset did not disappoint when it came to his wife Cardi B’s birthday on Tuesday (Oct. 11). The “Tomorrow 2” rapper, who turned 30, was gifted larger-than-life bouquets made up of red roses all over her house, in addition massive candles.
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“Thank you, baby daddy” Cardi said in the Story posted to her Instagram on Wednesday (Oct. 12).
Offset didn’t stop there, though. A video released on Twitter shows him gifting Cardi not just any watch, but a rare Richard Mille watch. The expensive gift comes on the heels of their baby Kulture receiving a 500k Richard Mille watch just months ago, in July.
Cardi celebrated her birthday with a burlesque-themed function hosted at Poppy Nightclub in Los Angeles. The rapper shared an Instagram Story of herself in a rose-red burlesque gown, seemingly captured before taking on her dirty thirty.
Her soiree was nothing short of star-studded. Chance The Rapper, Ice Spice, GloRilla, Jamie Foxx, and Chloe & Halle Bailey were just a few of the celebrities in attendance.
While it seems like everything’s swell in Cardi B and Offset’s relationship, the extravagant gifts follow cheating rumors for the couple. His former collaborators Quavo and Takeoff recently released a debut album as a duo, Only Built for Infinity Links. The album’s song “Messy” features some questionable lyrics from Quavo.
“B—- f—ed my dawg behind my back, but I ain’t stressin’ (Not at all)/You wanted the gang, you shoulda just said it, we would have blessed it (You shoulda just said it)/Now s— got messy (Uh),” raps Quavo. Many believe the lyrics allude to an affair between Quavo’s ex-girlfriend Saweetie and his cousin, Offset.
Cardi B rang in her 30th birthday on Tuesday night with a burlesque-themed party at Los Angeles’ Poppy Club.
The superstar arrived with her rapper husband, Offset, by her side. She shined bright like a diamond in a sexy red jeweled corset, feather headdress, garter and strappy red heels that stopped right at her ankle. She paired her getup with red bedazzled gloves, earrings and a matching necklace.
Offset matched his wife’s fiery look by sporting a red tie, glasses, an all-white suit and matching cream-color loafers.
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Tiffany Haddish, Chloe and Halle Bailey, Jamie Foxx and Shenseea were among the stars who helped the “Up” rapper celebrate another year around the sun. Cardi’s “Tomorrow 2” collaborator GloRilla hit the stage with the birthday girl to rap along to their top 10 Billboard Hot 100 hit song.
Last week, Cardi B took to Twitter to reveal the party’s burlesque theme. “I wanna see sexiness,” she told her followers. “It’s gonna be a very sexy show. It’s gonna be amazing; it’s gonna be extravagant,” she added.
Last year, the Bronx native celebrated her 29th birthday with a dancehall theme. Her husband showered his wifey with an array of expensive gifts, including an Eliantte diamond Cuban link chain with a Playboy bunny logo on the centerpiece and smaller bunnies circling the rest of the necklace. The biggest gift, though, was Offset giving Cardi B a new home in the Dominican Republic.
See photos from the party below: