Claims Against Beyoncé For Sampled Clips for “Formation” Survive, Despite Assertion of Fair Use

Estate of Barré et al. v. Carter et al., No. 2:17-cv-01057 (U.S. District Court for the Eastern District of Louisiana July 26, 2017)

A Louisiana federal judge refused to dismiss a copyright lawsuit against Beyoncé claiming she illegally sampled YouTube clips in her music video for “Formation.” The judge determined that Beyoncé’s use of the deceased YouTube star, Anthony Barré’s audio, would likely fail the four-factor fair use test. The Judge stated that Beyoncé’s use of Barré’s work was “highly commercial” and copied “the heart” of the original work, both weighing against a finding of fair use.  Barré’s estate had presented “sufficient facts at this stage of litigation to show that the four-factor fair use test could ultimately weigh against a finding of fair use.”