Show us the money. Katy Perry and other defendants in the case surrounding the copyright infringement of her 2013 hit “Dark Horse” must pay $2.78 million after she was found guilty for copying the song from a 2008 Christian rap track.
On Thursday, August 1, a Los Angeles jury made the decision ordering Perry, 34, and her coauthors to pay up. The initial court ruling took place on Monday, July 29. The author of the Christian song in question was Flame, a.k.a Marcus Gray, and his two coauthors — the very same Flame who once appeared on Counting On on TLC. The three sued Perry back in 2014 due to the similarities between the songs. The rapper’s claim was that the beat and instrumentals used in “Dark Horse” copied “Joyful Noise.”
Perry took the stand to testify that she had never heard the track and was not familiar with the rapper. Her coauthors second her statements. Perry’s team argued that Gray and his coauthors were “trying to own basic building blocks of music, the alphabet of music that should be available to everyone.” Unfortunately, the jury of six women and three men didn’t agree. As the verdict was read, Perry was reportedly not in the courtroom.
Gray’s attorneys argued that “Joyful Noise” was a popular song and could have been heard by Perry and her coauthors. The song has been streamed by millions on YouTube and Spotify and was even nominated for a Grammy. Lawyers also pointed out that Perry started out in her career as a Christian artist. The jurors agreed and said it was possible that the Dark Horse writers might have heard “Joyful Noise” in the past.
In 2015 Katy performed the song alongside rapper Juicy J during the Super Bowl halftime show and received a Grammy nomination for Best Pop Duo/Group Performance. Perry even offered to sing “Dark Horse” live during her testimony while her lawyers were having technical issues getting the song to play in the courtroom. “I could perform it live,” jurors heard both songs played back-to-back at the end of the closing arguments last week.
Perry has not yet issued a statement in regards to the court case.
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