A Louisiana judge recently poured ‘Lemonade’ diva Beyonce a glass of sour news regarding her 2016 top 10 hit, ‘Formation.’
As we reported here in April, the family of late comedian/Youtube star Messy Mya (Anthony Barre) slapped Bey & team with a lawsuit claiming the diva used vocal recordings of his in her song ‘Formation’ without their permission. Seeking unpaid royalties and credit for Barre as “co-songwriter” on the track, the family not only listed Bey as defendants, but also everyone connected to the tune (including producers, other songwriters, etc.).
Immediately clapping back, Bey’s legal team asserted her use of his vocal was not only “grossly overstated” by the plaintiffs, but was also covered under ‘Fair Use’ copyright protection. Well, the judge wasn’t buying it.
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.
In the event the motion to dismiss failed, Bey’s legal team tried to block Barre’s family request for statutory damages. However, like with the first motion, Bey’s team failed again. Billboard reports:
“Brown [the federal judge] 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.”