Katy Perry Wins Appeal in $2.8 Million ‘Dark Horse’ Copyright Case

Reversing the verdict from July

March 18, 2020
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A judge’s verdict has come in like a dark horse.

Katy Perry’s legal woes have seemingly disappeared after a judge overturned a previous copyright infringement verdict dealing with her 2013 song “Dark Horse,” reported Variety.

U.S. District Court Judge Christina Snyder tossed last July’s jury verdict which had found parts of Perry’s hit copied Christian rapper Flame’s song, “Joyful Noise.” At the time, Flame, whose real name is Marcus Gray, was awarded $2.8 million in damages.

Judge Snyder reviewed the evidence from the trial and found that Gray’s music failed an “extrinsic test” and couldn't prove it was similar enough to the part in question in “Dark Horse.”

“It is undisputed in this case that the signature elements of the 8-note ostinato in ‘Joyful Noise’… is not a particularly unique or rare combination,” Snyder wrote in her opinion.

She added: “A relatively common 8-note combination of unprotected elements that happens to be played in a timbre common to a particular genre of music cannot be so original as to warrant copyright protection.”

Perry and her co-authors, including Dr. Luke, had previously claimed to have not heard the song in question before the lawsuit, and offered that the beat in question is a simple “building block” of music.

The legal news comes a week after then pregnant pop star revealed her grandmother had passed away at the age of 99.

“She was a wonderful grandma and I will forever carry some of her in me," Perry wrote in an emotional Instagram post.

Earlier this month, the 35-year-old announced she is expecting her first child with fiancé Orlando Bloom by including an image of her blossoming belly in the video for her new song “Never Worn White.”

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