According to YouTuber Messy Mya, Beyonce’s hit song “Formation” was recorded using the parts of his video without permission.
But singer’s lawyers argued that the copyright claims are “grossly overstated.” Beyoncé said Pretty Bird Productions, which represents “Formation” video director Melina Matsoukas, actually licensed the YouTube videos and the fact that Beyonce used less than 10seconds of the audio means that it should be considered “fair use”.
The music video and live performances used the audio as ‘raw material’ that was ‘transformed in the creation of new information, new aesthetics, new insights and understandings’ — the “very type of activity that the fair-use doctrine intends to protect for the enrichment of society,” the singer argued, citing a high-profile copyright case between the artist Richard Prince and the photographer Patrick Cariou.
“Indeed, plaintiffs expressly allege that defendants used the YouTube videos ‘to create the tone, mood, setting and location of the New Orleans-themed ‘Formation,’ a highly transformative purpose compared to Mr. Barré’s stream-of-consciousness musings,” Beyoncé continued.
Beyonce is asking for the case to be dismissed.