Katy Perry ‘Will Continue To Fight’ Copyright Infringement Ruling Over ‘Dark Horse’

Katy Perry

LOS ANGELES-Katy Perry, her collaborators and her record label must pay more than $2.78 million because the pop star's 2013 hit "Dark Horse" copied a 2009 Christian rap song, a federal jury decided on Thursday, Aug. 1.

The statement continued to read, "There is no infringement". There was no access of substantial similarity.

"The only matter in common is an unprotectable C and a B note", Lepera said. "People including musicologists from all over are expressing their dismay over this".

"We will continue to fight at all appropriate levels to rectify the injustice", the statement concludes, which hints that an appeal could be on the way.

It was an underdog victory for rapper Marcus Gray, a relatively obscure artist once known as Flame, whose 5-year-old lawsuit survived constant court challenges and a trial against top-flight attorneys for Perry and the five other music-industry heavyweights who wrote her song.

He filed the suit stating that they copied his track's beats. Her label, Capitol Records, has to pay almost $1.3 million.

Katy Perry will be forking out a hefty amount of cash for damages.


"They're trying to own basic building blocks of music, the alphabet of music that should be available to everyone."

She also offered to sing Dark Horse to the court when a speaker system broke and it wasn't possible to play the song for the jury.

Gray's attorney claimed that the song earned Perry millions of dollars, while at the same time, Perry's attorneys said the song cost millions of dollars to create and then market it to a mass audience.

Perry took the witness stand on the first day of testimony. The artist's attorneys argued the beat and instrumentals in his song are significantly similar to what is heard through nearly half of Dark Horse.

The defense argued that only fractions of the album earnings should count for the single song and that considerable promotional expenses paid by Capitol Records should be subtracted.

Kelber said the Perry decision may show that "the floodgates are starting to open on these cases". If the judge sides with the lawyer, then the damages award is moot.

They have already filed a motion for the trial judge to throw out the verdict that will get a hearing, and they will nearly certainly appeal to a higher court where the broad decision made by the jury could be severely tested.

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