Judge rules that Kevin Brophy Jr. has stated a plausible claim for using his likeness without consent.
The topic of tattoos has been a much-discussed legal issue for entertainment ever since a tattoo artist sued Warner Bros. overfor a reproduction of Mike Tyson's face tattoo. That case dealt with copyright. On Thursday, a California federal court judge issued a decision over a distinctive tattoo on the back of a man on Cardi B's mixtape,Kevin Brophy Jr.
"The subject matter of Plaintiff’s claims does not fall within the subject matter of copyright," responds Carney. "Plaintiff’s claims revolve around the use of his likeness...This is true notwithstanding the fact that Plaintiff’s likeness may be embodied in a copyrightable photograph or the tattoo design itself might be a copyrightable work. Plaintiff here does not seek to vindicate an unauthorized use of a photograph or tattoo design, but the unauthorized use of his likeness...
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