News

Glass Animals’ ‘Heat Waves’ Is Now the Longest Charting Hot 100 Song of All Time

Glass Animals‘ former five-week Billboard Hot 100 No. 1 “Heat Waves” is now the longest charting song in the list’s 64-year history, as it tallies a record-breaking 91st week on the latest Oct. 22-dated survey.

Ranking at No. 21 on the newest Hot 100, “Heat Waves” surpasses The Weeknd’s “Blinding Lights,” which logged 90 weeks on the chart in 2019-21.

Over the course of its run on the chart, “Heat Waves” also broke the record for the steadiest climb to No. 1 when it reached the summit in its 59th week in March.

“Wow, all I can say is wow, ” Glass Animals frontman Dave Bayley marvels to Billboard about the band’s achievement. “Many of you know when I wrote this song I was writing about missing someone I loved very dearly. Never in my wildest dreams did I think that it would lead to so much love and connection across the globe. You all have done that. Thank you to everyone who has helped this song reach so many people. You know who you are. Thank you.”

Here’s an updated look at the songs with the most weeks spent on the Hot 100, from to the chart’s Aug. 4, 1958 inception through the Oct. 22-dated ranking:

Most Weeks Spent on the Billboard Hot 100:

  • 91, “Heat Waves,” Glass Animals
  • 90, “Blinding Lights,” The Weeknd
  • 87, “Radioactive,” Imagine Dragons
  • 79, “Sail,” AWOLNATION
  • 77, “Levitating,” Dua Lipa
  • 76, “I’m Yours,” Jason Mraz
  • 69, “Save Your Tears,” The Weeknd & Ariana Grande
  • 69, “How Do I Live,” LeAnn Rimes
  • 68, “Counting Stars,” OneRepublic
  • 68, “Party Rock Anthem” LMFAO feat. Lauren Bennett & GoonRock

“Heat Waves” has also spent the second-most weeks in the Hot 100’s top 40 (76), trailing only the sum of “Blinding Lights” (86), and is tied with The Kid LAROI and Justin Bieber’s “Stay” for the fourth-most weeks spent in the top 20 (57), after “Blinding Lights” (80), Dua Lipa’s “Levitating” (62) and Post Malone’s “Circles” (60).

“Heat Waves” debuted at No. 100 on the Hot 100 dated Jan. 16, 2021. The No. 1 song that week was 24kGoldn’s “Mood.” Since then, an additional 27 songs (excluding “Heat Waves”) have reached the pinnacle. From the Jan. 16, 2021-dated Hot 100 to the current, Oct. 22, 2022, chart, “Heat Waves” has ranked alongside a whopping 1,266 other songs.

“Heat Waves” is Glass Animals’ first Hot 100 hit. Over its run, it has also spent 37 weeks at No. 1 on both Hot Rock & Alternative Songs and Hot Alternative Songs, six weeks at No. 1 on Radio Songs, three weeks at No. 1 on Alternative Airplay and two weeks at No. 1 on both Pop Airplay and Adult Pop Airplay. It also reached No. 5 on Rock & Alternative Airplay, No. 7 on Adult Contemporary and No. 17 on Adult Alternative Airplay.

Of the 91 weeks that “Heat Waves” has spent on the Hot 100, 66 were shared with The Weeknd and Ariana Grande’s “Save Your Tears,” the most of any song over the former’s run. “Levitating” follows with 64 shared weeks, then “Stay” (63).

As for “Blinding Lights,” the song logged four weeks at No. 1 on the Hot 100 and set records for the most weeks spent in the top five (43), top 10 (57), top 20 (80) and top 40 (86). Its longevity helped it earn the distinction as the No. 1 title on Billboard’s Greatest of All Time Hot 100 Songs ranking.

“Blinding Lights” had held the longevity record on the Hot 100 since August 2021, when it overtook Imagine Dragons’ “Radioactive.” The latter track spent 87 weeks on the chart and had held the mark since 2014, when it surpassed Jason Mraz’s “I’m Yours” (76 weeks, 2008-09).

Burt Goldstein, Veteran Music Retail and Distribution Executive, Dies at 73

Burt Goldstein, a colorful music industry character and executive who headed up two music retailing operations and three independent distribution companies across his more than three-decade career, died peacefully in his sleep at his home in Albuquerque, NM on Oct. 9. on, his birthday. He was 73.

Goldstein’s career spanned from the early 1970s, when he opened his first Musical Maze store in Manhattan, to the 1980s, when he served as the top music retail executive for the Crazy Eddie appliance retail chain. Later that decade, he pivoted to indie distribution — first with his own company Impact Distribution, opened in 1988; then by heading up Profile Records’ Landmark Distributors. He later started his own distribution company Big Daddy in 1996, which he sold in 2007 to Music Video Distributors (MVD). Along the way he mentored a number of executives who went on to music industry careers of their own.

While Goldstein could be a hard-nosed business executive and a tough negotiator — as the major label executives who had to deal with him during the 1980s when he oversaw the Crazy Eddie music department can attest — he was also known for having plenty of fun along the way, often in a tongue-in-cheek manner, former colleagues recall. In fact, when he became a distributor, he would often begin sales calls by performing a magic trick, testifies his Big Daddy partner Doug Bail, who also worked with him at Benel Distributors. 

In fact, at one NARM convention (now called Music Biz), Goldstein cornered the keynote speaker —Google’s then-head of new business development Chris Sacca — and pointed out that Goldstein’s shoes had a multi-color weave containing all of Google’s corporate colors. He then proceeded to try and talk Sacca into buying thousands of pairs of shoes for all of Google’s employees. At another NARM convention, Goldstein got in trouble with the trade organization by breaking the rules and selling CDs on display at the Big Daddy’s trade booth. But Goldstein was donating all the sales to Bob Benjamin’s Light Of Day charity and wouldn’t be deterred. After they shut him down the first time, he continued to sell the CDs before being stopped once again.

Harry Spero, who nowadays heads up his own ad agency, Spero Media, recalls his days working alongside Goldstein at Crazy Eddie, where he experienced both sides of Goldstein — the hard-nosed businessman and his omnipresent joy-of-life attitude. “One week, he would have a war with CBS until he got what he wanted, then the next week he would have a war with WEA, followed the next week with PolyGram. He was always at war with one of the labels.”

Jay Rosenberg, who also worked at Crazy Eddie, echoes Spero, remembering that during his days at the chain, “We had epic battles with the labels.” Rich Masio, who worked at Big Daddy, quoted two Goldstein sayings that displayed the executive’s take no prisoner’s style — “You eat what you kill” and “Good luck to you, my friend and the horse you rode in on” — the latter of which would be inscribed on the Big Daddy company t-shirt. The first saying was to remind the sales team to keep selling, and the second was for when he was done with you, Masio explains.

Goldstein was born in 1949 and grew up in Brooklyn, graduating from Long Island University in 1971 with a B.S. in Sociology. But while going to school, he began working at the Uni Sonic record store across the street from the LIU Brooklyn campus. After graduating, he stayed on to manage the store, ​thus launching his music industry career. By 1973, he moved on and opened his first Musical Maze in the Gramercy Park area of Manhattan, around the corner from Baruch College and the School of Visual Arts. In 2006, Goldstein told MusicMorselsonline.com that by age 15 he knew he was going to open a record store. 

The Musical Maze enterprise would soon grow to four stores and a pop-up store or two. Along the way, the original Musical Maze, located between 23rd Street and 22nd Street on Third Avenue, seemed to employ a who’s-who from the downtown New York music scene of Max’s Kansas City and CBGB’s. At one time or another, Musical Maze staffers included George Scott from James Chance and the Contortions, Peter Holsapple from The dB’s, Jimi “Quidd” Hatzidimitriou from the Dots, Ed Ryan from The Rudies and, very briefly, Lance Loud from the Mumps as well as Drew Wheeler, a New York Rocker contributor and future Billboard copy editor.

During his Musical Maze days, Goldstein married his girlfriend Jan DeGeer Goldstein, who worked with him at the small indie chain, on March 2, 1984, in Las Vegas, according to an item in Billboard‘s “Lifelines” column. In addition to being his partner in life, DeGeer Goldstein also worked with him during the Crazy Eddie days and later on at Big Daddy.

The local Musical Maze chain would continue on even as Goldstein began his next retailing adventure in 1979, running the music sections for the then-rapidly growing Crazy Eddie electronics chain, whose commercials were infamous for using a fast-talking DJ Jerry Carroll as the chain’s pitchman, touting the stores “insane prices.”

Goldstein actually worked for the Crazy Eddie chain’s sister company Benel Distributors — also known as the Record and Tape Asylum, an operation that supplied and operated the music presence in the chain’s 43 stores — at its peak. At Benel, Goldstein held the title of executive vp, and was the key person negotiating with the major record labels on marketing dollars and promotional campaigns for new releases. 

While there, Goldstein hired Rosenberg as a buyer for the chain, and within a couple of years Rosenberg became head buyer. Rosenberg says Goldstein “helped shape my music industry career. I learned a lot from Burt on how to deal with labels and distribution.” In fact, Goldstein, in his own inimitable way, would often remind Rosenberg of that. As Rosenberg recalls — and posted on his Facebook page — “Burt used to tell people, ‘I taught Jay everything he knows, but not everything I know.’”

After Crazy Eddie imploded in the late 1980s due to financial trouble detailed in a recently issued book on the chain and its owner Eddie Antar, Goldstein’s career went in a different direction when he opened up an indie music distribution operation, Impact Distribution, in Chicago in 1988. That would launch the next phase of his career. Soon, he was also working with Landmark, the distribution arm owned by the Profile Records principals, first opening a branch in Los Angeles while maintaining the Impact branch in Chicago. In 1991, Impact was merged under the Landmark banner and, in the process, stood at the forefront of a trend that would sweep the indie music sector: the end of regional distribution networks for indie labels and the move to national distribution.

Still, Orchard senior vp of product development Alan Becker remembers Goldstein more for his retail days. “Burt was a very colorful guy and a throwback to the retail guys of a bygone era,” Becker says.

Landmark eventually blew up due to infighting between the two Profile principals, which indirectly evolved into an unsuccessful involuntary Chapter 11 filing against Landmark by three of its labels. That filing nevertheless spelled the end of Landmark, as it made the other Landmark-distributed labels and its retail account base skittish. In the aftermath, Goldstein started Big Daddy, his most successful distribution company. After merging Big Daddy into MVD in 2007, Goldstein retired from the music industry.

Larry Germack, who worked at Big Daddy, recalls his days on Goldstein’s staff. “He was a great record man; the headmaster of the old school record business, who pressed the flesh to the end, ” Germack says. “I am really saddened by his passing. Burt’s personality and verve were strong. He was an entertainer, had a good vibe about him; and he was one-of-a kind in the true sense of the word.”

On his last day, the Goldstein family and friends went out to dinner at a restaurant to celebrate his birthday. Some of his former staffers recalled that on his birthday, it was Goldstein’s way to encourage a roomful of strangers to sing “Happy Birthday” to him, leading them like a conductor. His friends wondered if that happened on his last night too. 

In an e-mail informing friends of Goldstein’s passing, his wife Jan wrote that her husband “was happy…and often said he had such a great life.”

In addition to his wife, Goldstein is survived by his daughters, Ali and Jessie, and his brother Steve.

Inspired by his father-in-law’s example, Goldstein generously donated his body to the University of New Mexico School of Medicine.  To make a charitable donation, visit UNMfund.org.

Here’s How Eminem Ended Up Producing Akon’s ‘Smack That’

It’s been 16 years since Akon unveiled his R&B hit, “Smack That,” and the 49-year-old star shared how Eminem came to be a producer as well as a featured artist on the track.

Explore

See latest videos, charts and news

See latest videos, charts and news

While appearing on the Bootleg Kev podcast this week, Akon discussed his past collaborations with the superstar rapper. “It’s interesting because every record I ever put out, I actually produced, except ‘Smack That,’” he explained. “Eminem produced that record. Isn’t that crazy? He always had them small little sounds, it was something minute, but it felt like Eminem.”

Akon went on to admit that he didn’t expect Em to be such a good producer. “He gave me a folder with, like, 30 tracks in there. And out of 30, I picked five. And I recorded all five, and the one that stood out was ‘Smack That.’ I was like, ‘Bro, this is it’,” he recalled.

“Once he heard my concept to it, he was like, ‘Yo, I’m jumping on this one’. And I said, ‘You know what, if he jumps on this one, this will be a single,’” he continued. “And that’s the only one we ever had together, besides all those we did. But I still have them. I literally still have those records today. These are all the records that’s gonna drop in the future.”

“Smack That,” which was featured on Akon’s 2006 album, Konvicted, peaked at No. 2 on the all-genre Billboard Hot 100 dated November 4, 2006, and spent 30 total weeks on the chart.

Watch the full interview below.

Freddie Gibbs Suggests ‘$oul $old $eparately’ Is His Last Album: ‘Ask Madlib’

Freddie Gibbs has suggested that $oul $old $eparately will be his final album, and said his highly anticipated collab project with Madlib might not happen.

During a recent Ask Me Anything (AMA) session on Twitter, an eager fan asked if Montana, the rumored follow-up to 2019’s Bandana, would ever see the light of day.

“No. this my last album. Ask Madlib,” he wrote. Elsewhere, a fan asked what advice he had to give for newcomers to the music industry, to which he replied: “Own as much shit as you can.”

The claim that $oul $old $eparately is his last album coincides with a separate interview Gibbs did with Bootleg Kev earlier in October, where he was asked to comment on Alfredo 2 potentially being in the works with Alchemist.

“It’s funny you say that,” Gibbs said when Kev brought up the idea, “but I just told you that every time I do an album I feel like I might not do another one. I got a lot of stuff to do.”

He added, “This whole process recording an album. I barely got to see my kids a lot, touring, man I’m really ready to just chill, dog. I don’t know if I can go through the process of recording an album no more. I don’t know if I can.”

He went on to say that the pair “flirt” with the idea all time, but that he believed $oul $old $eparately to be his best work.

“If I was to do another album it would be that one,” Gibbs said. The original Alfredo was a massive success when it dropped in 2020, and was even nominated for Best Rap Album at the Grammys.

In another interview with The Breakfast Club, Gibbs also said his fifth studio album was recorded during a dark period in his life.

“When I was recording the album, I was in a real dark place,” Freddie Gibbs said. “I was going through a lot of stuff, getting in fights, I had street stuff going on, homies getting killed; legal stuff, you know? And I was putting all of that into the record. And then when DJ Paul came in there, he really cheered me up. He really lifted my spirits to help me finish the album in the correct fashion.”

Unfortunately, the rollout of Gibbs’ latest work has been marred by a series of beefs the rapper’s engaged in with Jim Jones and Benny The Butcher, though the Indiana rapper didn’t seem to keen on elaborating on them.

“I don’t initiate the violence, I just do what a man would do and handle himself in certain occasions,” he told The Breakfast Club. “I ain’t never initiated no violence on no rapper. And if I did, you wouldn’t know about it. I done had problems with people that done went way too deep. But I don’t need to publicize it.

“I think that a lot of these guys that done had issues with me,” he continued, “they come in the fight with camera crews. You know, we in the clout era. I don’t gotta do no stuff like that to get no clout up. Music speaks for itself, my brotha.”

Freddie Gibbs $oul $old $eperately was the rapper’s most successful solo project to date, debuting within the top 20 and moving around 22,000 album equivalent units.

NBA YoungBoy Announces New Project Amid Plans To Drop 10 Mixtapes In One Year

NBA YoungBoy has announced yet another project while also revealing he wants to drop 10 mixtapes in 2022 — a goal he’s already more than halfway to completing.

On Sunday (October 16), the Baton Rouge native shared a post on his YouTube channel unveiling his next full-length release: Ma’ I Got a Family. The project will feature between 13 and 17 new songs and is set to arrive “this week,” although an exact release date has yet to be announced.

The mixtape’s cover art reflects the title’s familial theme as it shows NBA YoungBoy posing for the camera alongside his fiancée Jazlyn Mychelle and their two children — the youngest of whom was born in September — inside their home.

In a follow-up post, YoungBoy Never Broke Again hinted at dropping four more projects before the year is out. “Fun challenge ’10 tapes 1 year ??’” read a screenshot of an iPhone Note, which he captioned: “I’m finna be on 6 you think I can do it ?”

NBA YoungBoy has maintained a steady stream of new music throughout the year, even while battling (and beating) a federal gun case in Los Angeles.

His prolific campaign began with Colors in January, followed by Better than You — a full-length collaboration with DaBaby — in March and his fourth studio album The Last Slimeto in August.

NBA YoungBoy Wants To Put Out Collaborative Album With Baton Rouge Artists

The 22-year-old kept the ball rolling with the surprise mixtape Realer 2 in September, before re-upping in quick succession with 3800 Degrees — his fifth and most recent project of the year — in October.

If NBA YoungBoy is to achieve his goal of releasing 10 mixtapes in one year, he has just 11 weeks to release another four projects — not including Ma’ I Got a Family.

If he’s successful, YoungBoy will eclipse the single-year output of fellow mixtape monsters Lil Wayne, Gucci Mane and Curren$y. However, the record still belongs to Lil B, who churned out a staggering 16 projects in 2012. (Incredibly, he dropped 12 in 2010 and another nine in 2011.)

Rising Boy Band THE SUPER FRUIT Featured in Billboard Japan & TikTok’s ‘Next Fire’ October Edition

J-pop boy band THE SUPER FRUIT livestreamed a showcase studio set on Oct. 7 as the featured act of the month on Next Fire, the hybrid program produced by Billboard Japan and TikTok.

Next Fire is a show on TikTok Live that highlights the hottest J-pop artists of the moment, based on Billboard Japan’s TikTok Weekly Top 20 chart. The collaborative project streams live performances and pre-recorded interviews by the featured act of the month to give fans an in-depth look at their artistry. 

The seven members appeared in the studio with the opening music in the background, cheerfully greeting viewers, “Good evening! We are THE SUPER FRUIT!” The group immediately kicked off the set with “Seven Fruits” from the mini album THE SUPER FRUIT, released as a limited edition before the band’s debut. The bouncy, airy rhythm filled the studio with a cheerful atmosphere from the start, and the falsetto vocals in the chorus served as a catchy accent that left a lingering impression. From there, the group followed up with a cover of the pioneering ‘70s Japanese idol group Finger 5’s “Gakuen Tengoku” (School Heaven). The beaming members urged fans watching the show to clap and sing along to the classic number, and the sharpness of their dance during the interlude also caught the eye.

After each member introduced himself, THE SUPER FRUIT went on to perform “Kimi wa Riako Seizouki.” The song features adorable lyrics and melody, with a dance during the chorus that people would want to imitate. The excitement in the comment section steadily increased, filling up with messages calling them “Cute!” and cheering them on. The following number, “Bokura no Yoake” (Our Dawn), was performed as a piano-based ballad, with fans commenting that they were touched by the youthful and emotional vocals.

The members then went on to address viewers with some humble words expressing their current position as rookie group: “Today was the first time we got to perform five songs on a live program,” noted one member, while another shared, “We usually perform three songs at release events, so this has been a wonderful experience.” The group then wrapped up its showcase performance with “Chiguhagu,” the title song of their debut single that stayed at No. 1 on Billboard Japan’s TikTok Weekly Top 20 tally for six consecutive weeks. It’s no surprise the tune has a high affinity with the short video-sharing platform, as the positive lyrics celebrating diversity perfectly matches the cute, fun choreography.

When the song ended, the lights faded out as the boys held their final poses and THE SUPER FRUIT’s show came to an end, leaving a lingering impression. The showcase set displayed the freshness and momentum of a group that got started only a year ago. A pre-recorded interview by the members of THE SUPER FRUIT will stream on Billboard Japan’s TikTok channel starting Oct. 14, and excerpts from the livestream will be available on the boy band’s TikTok account.

NCT 127 Talks ‘2 Baddies’ Album & Reconnecting With U.S. Fans on Tour

NCT 127‘s North American takeover continues, this time with a visit to Billboard News to discuss what its been like coming up during the K-pop boom as well as the success of the group’s recently released album, 2 Baddies.

The K-pop stars sat down with Billboard News host Tetris Kelly and shared their thoughts on 2 Baddies cementing a new accolade for the group, making them the second K-pop group to have three top five albums in the United States.

“‘2 Baddies’ is our fourth album, and within our company [SM Entertainment], there’s this legendary line of fourth albums,” rapper Taeyong explained. “Likewise, since this was our 4th, it’s an album that our team is very satisfied and happy with. As much as our fans have been waiting, we were able to come all the way way here to the States because of their support.”

Of 2 Baddies, which has thus far spent a total of three weeks on the Billboard 200 and peaked at No. 3, Mark added, “This is the sound that really represents NCT 127.”

Kelly also asked the idols how they felt leading up to the group’s string of tour dates in the United States, and why it’s going to be even more special than previous times. “We haven’t seen our fans in three years, and throughout that time we did come out with a lot more music, and we just can’t wait to show our performance to our fans,” Johnny said. “It has much more meaning.”

Watch NCT 127’s interview with Billboard News above.

Cardi B Heads to Trial Over Raunchy Album Cover That ‘Humiliated’ Man

When Cardi B released her debut mixtape Gangsta Bitch Music Vol. 1 back in March 2016, she used an album cover that, ahem, grabbed plenty of attention.

The image featured the then-rising star taking a swig of a large beer, staring directly into the camera with her legs spread wide. Between them, she was holding a man’s head in her hands, while he appeared to perform oral sex on her.

The man in the image was a model who had consented to the photoshoot, but a massive tattoo on his back (a tiger battling a snake) wasn’t actually his. Unbeknownst to Cardi, a freelance graphic designer had typed “back tattoos” into Google Image, found one that fit, 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.

Six years later, Cardi will head to trial Tuesday in a civil lawsuit filed by Kevin Brophy, the California man whose tattoo was superimposed onto the Gangsta Bitch cover. The trial, expected to run about a week, will feature the star herself taking the witness stand. Fresh off winning a huge verdict against a blogger who told “disgusting lies” about her, Cardi will now find herself on the other side of the courtroom.

Seeking millions in damages, Brophy claims the superstar exploited his identity in a “humiliating and provocatively sexual way to launch her career.” But Cardi’s attorneys say those accusations are “sheer fantasy,” since nobody would have even been able to tell it was him. Brophy, they say, is “trying to cash in the legal equivalent of a lotto ticket.”

“Humiliated and Appalled”

In October 2017, Brophy filed a lawsuit in Los Angeles federal court against Cardi (real name Belcalis Almánzar), claiming that he had been “shocked, outraged, humiliated, and appalled” when friends notified him about the mixtape cover.

“He has had to face uncomfortable comments, questions, and ridicule, from community members and family,” Brophy’s lawyers wrote at the time. “His family dynamic has been adversely affected, and his work and professional life have been unalterably damaged by his having to explain this unconsented-to, offensive, and malicious use of his image.”

In technical terms, Brophy accused Cardi of two specific acts of wrongdoing: misappropriating his likeness for commercial benefit – violating what’s known as his “right of publicity” – and invasion of his privacy by casting him in a “false light” that was “highly offensive” to a reasonable person. The lawsuit asked for $5 million in damages.

In addition to naming Cardi herself as a defendant, the case also named her company, Washpoppin Inc., and KSR Group, the company owned by her former manager firm Klenord “Shaft” Raphael. The case notably did not name Timm Gooden, the designer who actually copy-and-pasted Brophy’s back tattoo onto the cover.

A “Transformative” Use?

Seeking to have the case tossed out without a trial, attorneys for Cardi argued (among other things) that the Gangsta Bitch cover made “transformative fair use” of Brophy’s likeness – a key defense that would have afforded them the protection of the First Amendment.

They claimed the designer used “only a very limited portion” of the original image as part of new, larger creative work, and had clearly not done so in any sort of effort to capitalize on Brophy’s identity.

But in December 2020, Judge Cormac J. Carney ruled that argument would need to be decided by a jury. He said there was no dispute that Gooden had made “some changes,” but also that “significant elements of plaintiff’s tattoo remain untouched in the final album cover.”

“A reasonable jury in this case could conclude that there are insufficient transformative or creative elements on the

cover to constitute a transformative use of Plaintiff’s tattoo,” the judge wrote at the time. “Most significantly, defining elements including the tiger and snake remain virtually unchanged.”

“It Is Not Him”

In addition to renewing that fair use argument, Cardi’s lawyers have plenty of other defenses they can try at the upcoming trial. Chief among them is that she and the other defendants simply did not use Brophy’s likeness at all, since nobody would have recognized a relatively unknown person based on a cropped image of his back tattoo.

“The tattoo design itself, as ‘priceless’ as it may be to plaintiff, subjectively speaking, was only used in an anonymous manner, as a single building block, one small peripheral element, in a complex picture and scenario in which Cardi B is the focus and central figure,” Cardi’s lawyers wrote in a brief earlier this year.

“No matter how much plaintiff may be obsessed with the notion, the fact remains that it is not  ‘him,’ or a ‘likeness of him,’ or ‘his identity’ in the cover image,” they wrote. “It is simply a use of a small portion of a tattoo design, applied to the body of someone (young, Black, with hair) obviously not plaintiff (a middle-aged Caucasian with a shaved head).”

Lawyers for Brophy will try to counter that narrative. They plan to call witnesses, including both Brophy’s wife and the tattoo artist who inked him, to argue that the man was “immediately recognizable by the tattoo and that others recognized plaintiff’s likeness.” Brophy himself will take the witness stand to testify about discovering the image and the impact it had on him.

In addition to those witnesses and Cardi herself, other people taking the stand this week will likely include Gooden, the designer who created the image; Cardi’s former manager Klenord “Shaft” Raphael; and legal and business experts who can weigh in on the various issues in the case.

How Much Harm? The Money At Stake

If the jury holds Cardi and the other defendants liable on any of the claims they’re facing, jurors will then have choose how much to award Brophy in damages. His initial complaint asked for $5 million, but jurors will not simply award that; instead, they’ll wrangle with tough questions about how much he’s owed.

For starters, they’ll weigh how much emotional and reputational harm he’s suffered as a result of the wrongful use of his image. There’s no objective standard for such questions, and jurors can award what they believe is reasonable, leading to a wide range of potential outcomes based on how this week’s trial plays out.

On that front, Brophy says his “family life was negatively affected by stress and worry,” and that he was “devastated, humiliated and embarrassed” by his appearance on the cover. Cardi’s lawyers fire back such claims are “vastly overblown” and unsupported by any evidence, like proof that he or his family sought therapy or other treatment for their supposed mental injuries.

Jurors will also be tasked with trying to figure out how much profit from Gangsta Bitch Music Vol. 1 was directly linked to Brophy’s image, another source of potential damages. Earlier in the case, an expert witness provided by Brophy’s lawyers argued that all digital profits from Cardi’s mixtape (a total of $1.6 million) were fair game. But Judge Carney rejected that approach as “pure fantasy,” saying it did not appear that the image was the primary factor driving the mixtape’s revenue.

Separately, the jurors could also choose to award so-called punitive damages if they find the wrongdoing against Brophy to be particularly egregious, but that figure would be calculated in a future proceeding.

The Courtroom Fight Ahead

The trial, taking place at the U.S. federal courthouse in Santa Ana, will kick off with jury selection on Tuesday morning and is expected to run for four to five days. A verdict could be reached as early as Friday, but deliberations could stretch into next week.

Cardi and the other defendants will be represented by Jonathan Segal and other lawyers from the white-shoe firm Davis Wright Tremaine LLP, as well as by Lisa F. Moore of Moore Pequignot LLC, who represented Card in the defamation case in which she won the $4 million verdict earlier this year. For most of the case, Cardi was represented by attorney Alan G. Dowling, but Segal and Moore stepped in at the last minute when Dowling backed out of the case in August due to serious health problems.

Brophy will be represented by attorney A. Barry Cappello, Lawrence J. Conlan and Wendy Welkom from the law firm Cappello & Noel LLP.