Katy Perry and company just scored a legal win as a judge ruled that her 2013 track “Dark Horse” did not copy a Christian rap…
In late July, a nine-member jury reached the verdict that Perry's hit copied the 2009 song “Joyful Noise,” released under Marcus Gray's stage name, Flame. That decision came five years after Gray and two co-authors first sued. Perry’s camp was ordered to payin damages, although her record label, Capitol Records, would have footed the majority of the bill.
U.S. District Court Judge Christina Snyder ruled the defendants — Perry, Capitol Records, Lukasz “Dr. Luke” Gottwald, and others who worked on the song — not liable for infringing on "Joyful Noise," meaning they no longer have to pay Gray in damages., Judge Snyder said Gray can’t make the argument for the extrinsic test, which requires “that the plaintiff identify concrete elements based on objective criteria” that the two works are similar.
During the jury trial last year, Gray’s attorneys’ argued that the ostinato in “Joyful Noise” is substantially similar to what is heard through almost half of “Dark Horse.” Meanwhile, Perry’s attorneys argued that those elements found in “Dark Horse” represent the foundations of music, and that a decision against Perry would set negative precedents for musicians and songwriters across the industry.
“They’re trying to own basic building blocks of music, the alphabet of music that should be available to everyone,” Christine Lepera, Perry’s lawyer, said during closing arguments in July.“It is undisputed in this case, even viewing the evidence in the light most favorable to plaintiffs, that the signature elements of the 8-note ostinato in ‘Joyful Noise’… is not a particularly unique or rare combination, even in its deployment as an ostinato," her opinion reads.
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