Watch to find out more about the ruling.
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With so many songs and original creations being churned out practically every day, it may well nigh be impossible for some crossover to occur from other creative works. But for one California jury, the evidence was clear enough and that was all they needed to come out with a decision.
After a trial lasting one week, a Los Angeles jury ruled that Katy Perry’s 2013 song “Dark Horse” was partly copied from Flame’s “Joyful Noise.” Flame is a Christian rap artist whose real name is Marcus Gray.
According to court filings obtained by CNN, the decision came out and the 9-person jury was unanimous. Although Perry testified in the trial, she was not present when the verdict came out, reported Variety.
Flame contends that “Dark Horse” copied the underlying beat of “Joyful Noise” without his permission and hence committed copyright infringement in the process. According to Rolling Stone, Perry’s attorneys countered that the track in question was so brief and too common that it can’t be protected by copyright.
Following the verdict is the penalty phase of the trial. This will determine what damages Perry and her co-writers owe.
The co-writers who were also included in the suit consist of Dr. Luke (real name Lukasz Gottwald), producer Cirkut (real name Henry Walter), producer Max Martin, songwriter Sarah Hudson, and rapper Juicy J who also appeared on the track.
Flame added that his song was released in 2008 and caught on with the Christian community. And since it was also readily available from streaming applications, his complaint argues that it’s highly likely that Perry’s producers had already heard his song before starting work on Perry’s.
The Hollywood Reporter said that Perry and Dr. Luke denied having heard “Joyful Noise.”
Perry’s lawyer had filed a motion that requested the judge to rule that copyright infringement could not be determined by a reasonable jury based on the evidence that was presented in the trial. However, that motion is still pending.