It's good news for the 'California Gurls' songstress Katy Perry as she wins in her $2.8 million plagiarism case appeal.
Joyful Noise For Katy Perry
A US judge has ruled that the smash hit bop "Dark Horse" by Katheryn Elizabeth Hudson professionally known as Katy Perry, was not copied from the Christian rapper Marcus Gray AKA Flame.
In reversal to the verdict last summer for which $2.8 million was awarded to Flame in damages, the rapper argued that Katy and collaborators Max Martin, Dr. Luke and Circuit used an eight note musical phrase - commonly known as an ostinato - from his song "Joyful Noise".
Flame initially seeked $20 million in what was called a "travesty of justice" by Katy's attorney Christine Lepera who welcomed the verdict, calling it "an important victory for music creators and the music industry".
"A relatively common eight-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," said the US district judge Christina A Snyder who overruled the decision.
According to the Associated Press Flame intends to appeal with his representative Michael. A. Kahn stating, "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.".
Dark Horse Vs Joyful Noise Comparisons
Due to the popularity of the disputed track "Dark Horse" which lasted 4 weeks at No. 1 on Billboard's Hot 100, influencers particularly on YouTube were compelled to create their own "verdict comparison" videos such as the musician and educator Rick Beato - see the comparison video below.
On the subject of Rick Beato the musician recently vented his anger on YouTube as he was recently hit with a "copyright sharing claim", for which the claimant earns a share from video monetization. Tanizzle finds the issue disturbing as Rick Beato's an inspirational teacher and his actions are the best example of "fair use" in our opinion - watch the video for the music industry SCAM to ripoff YouTubers.
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