Katy Perry has won her lawsuit over her hit song “Dark Horse.”
Back in 2014, rapper Marcus Gray filed a lawsuit against the pop star over her song “Dark Horse,” claiming it was stolen from his 2009 Christian song “Joyful Noise.” In August, Perry and her songwriting partners were ordered to pay Gray and his co-writers $2.78 million.
According to CBS, a jury ruled that 22.5 percent of the song’s profits could be attributed to the musical passage stolen from “Joyful Noise.” Perry was personally ordered to pay $550,000, though she and her writers claim they’d never heard “Joyful Noise” before.
But on Tuesday, a federal judge in Los Angeles overturned the jury’s verdict. U.S. District Judge Christina A. Snyder said in her decision that “Joyful Noise” was not distinctive enough to be protected by copyright. “It is undisputed in this case, even viewing the evidence in the light most favorable to plaintiffs, that the signature elements of the eight-note ostinato in “Joyful Noise” is not a particularly unique or rare combination,” Snyder wrote.
According to reports, the plaintiffs say they want to appeal the judge’s decision. “When the jurors returned a unanimous verdict of infringement, I cautioned my clients that we had only finished Round 11 of a 15-round match and that the next round would take place in the court of appeals. We believe the jury was right and will do our best to restore their verdict on appeal,” said Gray’s attorney Michael A. Kahn said in an email to the Associated Press. Kahn mentioned that numerous pre-trial rulings went in Gray’s favor.
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