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[Lazarus]

Beyonce's legal team is going to have to work a little harder to slay a copyright infringement lawsuit over her hit "Formation."

Spoken word from the late Anthony Barre ? also known as Messy Mya ? is featured on the song, and his estate sued in February for copyright infringement, among other claims. Barre's voice is heard saying ?What happened at the New Orleans,? ?Bitch, I?m back by popular demand? and "Oh yeah baby. I like that.? His sister, Angel Barre, claims the samples infringe the rights in two works of her brother's performance art, "A 27 Piece Huh?" and "Booking the Hoes from New Wildings."

A Louisiana federal judge on Tuesday denied Bey's motion to dismiss the copyright claim on fair use grounds ? but she's not buying Barre's argument that the doctrine doesn't apply to digital sampling of a sound recording.

At this stage facts alleged by the plaintiff are taken as true, and U.S. District Judge Nannette Jolivette Brown found that Barre has made a case that Beyonce's use of the clips was not transformative and that, although the samples were short, it was a "qualitatively significant" use. She also notes that a motion to dismiss for failure to state a claim, like this one, is "viewed with disfavor and is rarely granted."

"Plaintiffs have plausibly alleged in their complaint that Defendants did not change or alter the 'expressive content or message' of Anthony Barr??s YouTube videos, but rather used unmodified clips without adding anything new," writes Brown in a 66-page decision, which is posted in full below. "[T]he Court concludes at this stage of litigation that 'the copyright law?s goal of promoting the Progress of Science and useful Arts' would not be better served by allowing Defendants? use of Plaintiffs? copyrighted material without authorization or compensation than by preventing it."

Brown also denied the motion to dismiss Barre's false endorsement and Louisiana Unfair Trade Practices Act claims ? but did dismiss the claim for unjust enrichment.

If the court denied the motion to dismiss, the defendants asked it to strike Barre's request for statutory damages and attorneys? fees under the Copyright Act and treble damages under the LUTPA. Brown denied the motion in its entirety, finding that Beyonce's lawyers failed to show that Barre's requests are "'redundant, immaterial, impertinent, or scandalous matter' such that striking it from the record is proper."

[Hiroshimoto]

she might as well use hush money its not like you dont have it...

[Bruce]

she might as well use hush money its not like you dont have it...

Not hush money, just settle, or just talk to the family and pay them. I'm sure they just want a few pennies. Doesn't he have a child? 250k is nothing to Beyonce.

[Lane Bryant Jumpsuit]

Lol so she didnt get clearance for the samples?

[Opposites Attract.]

n

This version of the song isn't being sold for sale and any royalties being paid out for streaming on Vevo/YouTube is for the studio version only and not the video version. His family will get nothing.

[Lane Bryant Jumpsuit]

Yeah fair use doesnt cover this
If it was a documentary or news piece fair use would be appropriate
Cause the footage is needed to report the story or be educational
Using snippets for a song is not fair use

Their interpretation of fair might be if its on the next i can take it but
Even bsource using my vids and making them into gifs is clockable

[CHOKE]

Why not just be happy that his memory will be kept in a music video?

Sis could just be a bitch and cut him from it.

[Lane Bryant Jumpsuit]

n

This version of the song isn't being sold for sale and any royalties being paid out for streaming on Vevo/YouTube is for the studio version only and not the video version. His family will get nothing.

They provabbly wont but

No

If u try to upload someone elses song with a different video
They still have a copyright claim

And vice versa in this case

Using audio from somone elses video for your song
In any format

Is still a copyright claim

[Lane Bryant Jumpsuit]

Why not just be happy that his memory will be kept in a music video?

Sis could just be a bitch and cut him from it.

So BEYONCE using ur audio is enough while she making millions off of it no mam

[XXX.]

His "estate" was retweeting and thanking Beyonce for keeping his memory alive the week "Formation" dropped.

Funny how things change when people see an opportunity.

[ssw4919]

Pay the man's family.

[Nine]

I hope this get dragged out and the estate gets drained of all their coins and the legal fees pile up

[BAPHOMET.]

I hope this get dragged out and the estate gets drained of all their coins and the legal fees pile up

!!! greedy asses.

[BAPHOMET.]

and she can't just give in and pay these assholes. Cause thats when everyone can feel like they can pull some shit like this.

Just like any other kind of situation.

[Opposites Attract.]

Why not just be happy that his memory will be kept in a music video?

Sis could just be a bitch and cut him from it.

So BEYONCE using ur audio is enough while she making millions off of it no mam

n

She's not making millions off his voice being used in a video. Vevo rules are totally separate from YouTube hench it being a separate entity. I already explained how royalties are paid out. She owes his family absolutely nothing. Zero.