Pop star Katy Perry and her “Dark Horse” collaborators filed an appeal after a jury ruled them liable for plagiarizing a 2008 Christian rap song.
Perry, Lukasz “Dr. Luke” Gottwald, Capitol Records, and others had been ordered to pay $2.78 million by a California jury for copyright infringement. In documents filed Oct. 9, Perry and her team are asking the California courts to overturn the verdict or grant a new trial.
“The legally unsupportable jury verdicts in this music copyright infringement case that are widely recognized within the music industry — and beyond — as a grave miscarriage of justice. …The erroneous verdicts in this case and the precedent established thereby present serious harm to music creators and to the music industry as a whole,” part of Perry’s appeal reads, according to Variety.
The brief argues that the plaintiffs, including Christian rap artist Marcus Gray, professionally known as Flame, “did not offer proof of one single digital or brick-and-mortar sale of ‘Joyful Noise’ or (the album) ‘Our World Redeemed‘ and admitted that they have no such evidence.”
Gray and his song’s co-creators had argued in their lawsuit that Perry’s 2013 single “Dark Horse” featuring Juicy J, copied the beat of their song “Joyful Noise” featuring Lecrae.
At the week-long trial in July, both Perry and “Dark Horse” producer Dr. Luke insisted they had never heard of “Joyful Noise.” Gray argued that his song’s success in the niche market went on to have massive success and the defendants may have gotten wind of it at the Grammy Awards or seen it on YouTube or other social media platforms where the song has been streamed millions of times.
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SOURCE: Christian Post, Jeannie Law