Beyonce |
The legal team of Angel Barre, the sister of the late local rapper and comedian Messy Mya, born Anthony Barre, is suing Beyonce and every other individuals and brand connected with “Formation”. Angel wants the court to approve her right to royalties and an order that the singer, Beyonce should credit her as a writer, composer, producer and artist on the track.
In the controversial short film, Barre at the very beginning says "What happened at the New Orleans" and later said in the video "B***h, I'm back by popular demand." The petition note that the rights of Barre's performance art, "Booking the Hoes from New Wildin." and "A 27 Piece Huh?" His voice was heard only in the video.
Attorney Mary Ellen Roy, in a bid to dismiss this suit has argued that the heir has grossly overstated the use of Barre's work in the "Formation" video and its later use during live performances including a claim involving Super Bowl 50, during which Beyonce performed the song but did not literally use the clip of his voice.
"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 the minimal and transformative use of the clips falls within the protection of the fair-use doctrine - but the defendants don't need it because the music video producer licensed the work.
"While 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," said Roy.
The motion also seeks to remove all defendants who aren't involved with the music video or live performances. Should the case the motion is dismissed; only Beyonce, Sony, director Melina Matsoukas and Pretty Bird Pictures would remain involved.
The defendants are been represented by Alonzo Wickers and Nicolas Jampol of Davis Wright Tremaine
Beyonce's Law Suit Nightmare
Reviewed by Unknown
on
April 18, 2017
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