Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Beyoncé Next Artist Hit With Copyright Lawsuit

Author: Scarinci Hollenbeck, LLC

Date: March 8, 2017

Key Contacts

Back

Even talent agreements with the entertainment industry’s most well-known recording artists aren’t safe from copyright infringement lawsuits.

Messy lawsuit

A federal lawsuit filed in a New Orleans courthouse in early February is aimed at superstar Beyoncé—and is seeking damage claims of $20 million, The New Orleans Advocate reported. Angel Barre, sister of now-deceased Anthony Barre, also known as “Messy Mya” is the plaintiff on the copyright infringement case.

Messy Mya made a cameo appearance on Beyoncé’s video of her song ‘Formation’ which was released last year. Mya was killed in 2010 after leaving a baby shower in the 7th Ward of New Orleans, and the Advocate reported that many fans saw his inclusion in the video as an homage to the rapper revered by his hometown.

Barre asserts in her lawsuit that Beyoncé used Mya’s, “voice, performance and words from his copyrighted works to create the tone, mood, setting and location of the New Orleans-themed ‘Formation’ video and audio recordings.” This all supposedly comes without permission from Barre, who is the sole heir of her brother’s estate, the Advocate reported.

Hip Hop DX, though, has reported that Mya’s vocals don’t appear on the hour-long film or actual album, “Lemonade.” His cameo, with that of New Orleans rapper Big Freedia, was limited to a brief video shown during the National Football League’s big game in 2016, where Beyoncé performed with Bruno Mars.

Barre is requesting $20 million in damage, royalties and writer, producer and composer credits, according to the Advocate.

Common occurrence

Copyright infringement cases targeting the music industry elite are turning into the norm, rather than the exception. With the courts having less of a grip on what constitutes copyright infringement and there being increasing uncertainty as to what types of fair use should be deemed legal, people from all ends of the Earth are taking to the courts to get their worth.

In 2015, Marvin Gaye’s family won a $7.3 million settlement from Pharrell and Robin Thicke for their copyright infringement on “Blurred Lines,” which reportedly stole a number of aspects from Gaye’s 1977 hit “Got to Give it Up,” according to the Rolling Stone.

A copyright infringement lawsuit can be incredibly expensive to file and keep going, but lucrative if the evidence proclaims the plaintiff worth of remuneration. Both parties will need lawyers with years of experience in the field, as knowing past results related to your particular case is often a remedy for success.

Time is of the essence for those who think another artist stole their work. According to the Graphics Artist Guild, the average statute of limitations, depending on the state, is around three years. Getting the evidence into the hands of your attorney and his or her team is essential in building a clear-cut case before you bring it to court. There may be no trickier lawsuit in entertainment law than a copyright infringement because of the legal complexities that surround it, so preparation is any plaintiff’s best bet.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
When to Settle and When to Fight: A Litigator's Framework post image

When to Settle and When to Fight: A Litigator's Framework

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]

Author: Sean M. Pena

Link to post with title - "When to Settle and When to Fight: A Litigator's Framework"
Types of Business Law Services Companies Actually Use post image

Types of Business Law Services Companies Actually Use

Business law services are legal services that help companies form, operate, transact, protect assets, manage risk, and resolve disputes. The phrase can sound broad because it is broad. A company may need help with entity formation one month, contract review the next, a commercial lease after that, and a business dispute later in the year. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Types of Business Law Services Companies Actually Use"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!