Earlier this year, we reported that Messy Mya’s estate was suing Beyoncé for using his vocals in the video for her song “Formation.”
At the time, Beyoncé’s camp had yet to release a statement. But now, a few months later, they have something to say. And basically, it’s get that sh*t out of here.
Alright, I’m editorializing. In actuality, the singer’s reps asked that the lawsuit be thrown out.
According to The Hollywood Reporter, the estate of Anthony Barre, (Messy Mya’s birth name) headed by his sister Angel Barre sued Beyoncé, and virtually every other company associated with “Formation,” seeking royalties, damages and that Barre be credited as writer, composer, producer and artist on the track.
In the video for “Formation,” we hear Barre’s voice saying, “What happened at the New Orleans” and “B*tch, I’m back by popular demand.” But his voice is not present anywhere in the actual song itself. Still, the suit claims that the sampling of his voice infringe upon Barre’s performance art “A 27 Piece Huh?” and “Booking the Hoes from New Wildin.”
In a motion to dismiss, Beyoncé’s lawyer Mary Ellen Roy wrote that Angel Barre, had “grossly overstated” the use of Barre’s work in “Formation” and its use in other live performances. Apparently, Angel Barre cited Beyoncé’s Super Bowl 50 performance, though Barre’s voice was not used.
In reference to the use of Barre’s voice during the Formation World Tour, Roy writes, “Among its many references to New Orleans, the Music Video used a total of approximately ten seconds of audio from two YouTube videos featuring Anthony Barré — also known as ‘Messy Mya’ — walking through the streets of New Orleans speaking to the camera and interacting with others along the way,” writes Roy. “About six seconds of that same audio was played at Beyoncé’s performances of the Song during the ‘Formation World Tour.'”
Roy argues that the minimal usage fall with in the protections of fair use. But even if they didn’t, the suit should still be thrown out because the producer for the music video obtained a license for the work.
Roy continues, “[W]hile beyond the scope of this motion, Pretty Bird licensed the YouTube Videos from Mr. Barré’s family before plaintiff Angel Barré had herself appointed as the administrator of the Estate of Anthony Barré weeks after the Music Video’s premiere — presumably for the purpose of bringing this action.”
Roy’s motion to dismiss also seeks to absolve all defendants who aren’t involved with the video or live performances of the song, including Sony, director Melina Matsoukas and Pretty Bird Pictures.
We’ll see how this plays out but right now, it’s looking like Angel might lose this battle.
Veronica Wells is the culture editor at MadameNoire.com. She is also the author of “Bettah Days.” You can follow her on Facebook and Twitter @VDubShrug.
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