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Back in February the family of New Orleans artist Anthony Barre, known for his performances and videos as “Messy Mya,” filed a lawsuit for $20 million against Beyoncé for using audio clips of Barre’s videos in her song “Formation.”

Beyoncé claimed fair use for the samples but that claim was dismissed in July by a judge who said the clips were of “qualitatively significant” use. Now, according to court docs obtained by TMZ, her team is claiming again Barre’s estate has no case because the clips are too short (six seconds) and his voice is so minimal. Her team also reportedly is invoking First Amendment rights to using the clip.

Barre’s voice may be a small inclusion in “Formation,” but it’s still a particularly memorable one. It’s his voice that says, “What happened at the New Orleans” and “Bitch, I’m back by popular demand.” Later in the video

\when Beyoncé cruises by the camera, he says “Oh yeah baby. I like that.”