BEYONCÉ SUED FOR COPYRIGHT INFRINGEMENT

Photo: Forbes- Duane Prokop/Getty Images

Messy Mya (Photo: YouTube)

The estate of late Messy Mya (Anthony Barre) has filed a lawsuit in New Orleans against renowned singer Beyoncé Knowles for copyright infringement by the latter. The claim alleges that the diva's 'sampled' and 'included' the late rapper's voice from "A 27 Piece Huh" and "Booking the Hoes from New Wildings" in her hit song "Formation" (on her "Lemonade" album) without acquiring the requisite permission from the family. 

The suit was filed in the US District Court in the Eastern District of Louisiana, claiming several "protectable copyright interests in the musical composition and sound recording of Anthony Barre's original and unique works of performance art." (via NLIPW)

The New Orleans Times-Picayune reports the following as the unlawful uses of the Messy Mya's work in the suit:

• "Messy Mya’s voice saying “What happened at the New Orleans?” and “B—- I’m back by popular demand” in the openings for both the audio and video recordings of “Formation.” Later in Beyoncé’s song and video, Messy Mya’s voice can be heard saying “Oh yeah baby. I like that.”
• During the Formation World Tour, Messy Mya’s voice was heard saying “Oh yeah baby, I like that,” when Beyoncé “and the other performers move from one area of the stage to another” about four minutes into the show, the suit said. 
• Messy Mya’s words, “B—- I’m back by popular demand” were imitated by Big Freedia during the opening to performances of the Formation World Tour in New Orleans and Houston. In other cities on the tour, the words were imitated by male performers."

 

The lawsuit alleges that these sampled words 'create the tone, mood, setting and location of the New Orleans-themed 'Formation' video and audio recordings', including live performances of the song in the artiste's '2016 Formation World Tour Concerts'.  It also alleges that the sample was "blatant in both scale and degree" and Mya "has received nothing — no acknowledgment, no credit, no remuneration of any kind." This is despite their attempts to contact the artiste to include the appropriate credits.  

Sony Music, video director Melina Mastoukas and the publishers of the song and the studio album, have been added as defendants in the suit by Angela Barre, the late rapper's sister and sole heir.  The sum of $20 million has also been demanded by the attorneys in royalties and damages for “wilful copyright infringement, false endorsement, unfair trade practices and unjust enrichment”. 

The late rapper had died in 2010 after being shot in New Orleans. It is claimed that the video for “Formation” was 'a politically-charged ode to Black Lives Matter'. The court will have to determine whether Beyoncé's use of the rapper's voice could constitute fair use, a homage or political ode, especially with the issue of non-acknowledgement and great profit from the very successful Grammy-nominated single.  S.107 of the US Copyright Act provides for the defence of fair use which includes purposes such as criticism, comments, education, research, reporting of news and current events etc.  These issues of commercial gain and non-acknowledgment may not be easily ignored and is likely to be considered by the Judge in making this determination should the case goes on.  Nevertheless, the case seems to have all the ingredients for a good out of court settlement, especially as the diva's focus is set on her expected twins. It would be good to see the outcome of this suit.