Pop sensation BeyoncÃ© has hit a bump in her rising music career in the form of a $20 million copyright claim.
The claim is in relation to her controversial hit ÂFormationÂ which was debuted at the Super Bowl in 2016. The song was part of one of the biggest albums of the year, Lemonade.
Not long after the release of the song, the estate of deceased US rapper Anthony BarrÃ©, known when performing as Messy Mya, brought the huge copyright claim against BeyoncÃ© and Sony Music.
The claim stated that ÂFormationÂ misappropriated statements from BarrÃ©Âs YouTube videos including the phrase Âwhat happened at the New OrleansÂ.
The claim sought damages including any profits which is believed to be in the excess of $20 million.
In the motion to dismiss filed by BeyoncÃ© and Sony, it was stated that not had one of the defendants Pretty Bird, obtained a license from BarrÃ©Âs family for use of the videos, but the use of ten or fewer seconds of the video audio is protected by the fair use doctrine.
As a defence to copyright infringement, the US fair use doctrine allows use of copyright protected works if it is a limited use and there to comment upon, criticise or parody.
It is yet to see if the fair use argument will be successful but it is interesting to see how it will pan out. Fair use is not a doctrine in the UK but the UK equivalent Fair Dealing may be set in new light following the case.
Definitely one to watch!
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