As we discussed earlier this week, a jury came back with a verdict in the Katy Perry-copyright infringement case involving her song “Dark Horse.” A Christian rapper named Marcus Gray (aka Flame) sued Katy because he said her song lifted parts of his song. A jury agreed and found that Katy and Dr. Luke had committed copyright infringement. This week, the jury has been going through the penalty phase and they’ve come up with a number: $2.5 million.
A jury has found that Katy Perry, her collaborators on her hit single “Dark Horse” and Capitol Records owe Christian rap artist Marcus Gray more than $2.5 million, the Associated Press reported on Thursday. The nine-member jury previously found the songwriting team behind the 2013 hit, including the song’s co-creators Dr. Luke and Cirkut, to have copied Gray’s 2008 song, “Joyful Noise,” and on Thursday decided on a grand total of $2.78 million owed for the copyright infringement.
Perry, 34, will be responsible for a little more than $550,000, while Capitol Records will bear the brunt of the amount, the AP reports. However, there is still a pending motion from Perry’s lawyers that could leave the jury’s decision open for dispute, according to The Hollywood Reporter. The outlet reported that the motion asks U.S. District Judge Christina Snyder to “rule that no reasonable jury could find copyright infringement based on the evidence presented at trial.”
Despite the massive sum, Gray’s camp was reportedly fighting for even more — the singer’s lawyers told the jury he and his co-writers deserved $20 million, USA Today reported, while the defense argued for about $360,000.
I saw some numbers somewhere which would suggest that this financial penalty is probably a lot less than it should be. Like, someone suggested that Katy made about $40 million off “Dark Horse” alone, which… I’m not sure about that, but maybe. If that number is somewhat accurate, then I agree that Katy and Capitol Records got off VERY easy.
Also: I was reminded of Kelly Clarkson’s comments a few years back, when Rolling Stone asked her if she thought one of her songs (or, a song she sang but did not write) had lifted some chords from Jimmy Eat World. Kelly was kind of blase about it and she said something which always stuck with me: “There are only so many chords.” I wonder if that’s an argument more artists will be making in the future.
Photos courtesy of Backgrid.
The Blurred Lines settlement was about $5 million, and that song was EVERYWHERE. This is probably in line with what was made off of the song.
Or like my one creative director said to me when I found a very similar execution of an ad that he presented to me, in an overseas mag. He said that there is a collective creative pool that everyone draws on, ideas and concept can be replicated elsewhere
The original song is terrible and I like Dark Horse a lot. But it is pretty clear that someone stole something from the original Likely a producer. Katy probably had nothing to do with it. I find this stuff to be just fascinating.
Marvin Gaye’s estate has really been pushing lawsuits regarding “copyright infringement” for chords (which previously wasn’t something seen as credible, IIRC), and it feels like there’s been an uptick since they won against “Blurred Lines.” I read a piece several years ago breaking down the musical difference between the Gaye/Thicke lawsuit (which the writer thought was specious) and the Sam Smith/Tom Petty suit, which was not. I can’t find it now though but it was an interesting read if people have the space and time to google.
Wasn’t it Dr Luke who actually stole the song? Didn’t Katy just write the lyrics (not copyright infringement) while Dr Luke supplied her with the song/beats which was the actual infringement? Why is his name not the headliner in all these stories? I get that she should be named in the suit & is culpable since it was her song, but he was the one who did the stealing. He’s a gd snake.
Yes to me, the theft is the beat and the particular sound to make it. If she’s not pissed at whoever took it, she should be.
Kelly Clarkson’s since u been gone also directly rips off The Yeah Yeah Yeah’s song Maps. Ugh. Can never unhear.