Artist Marcus Gray filed a case against Katy Perry for copying his rap song. Dark Horse is a song recorded by Capitol Records as the first promotional single from Perry's fourth Studio Album; Prism (2013). It is a two hundred fifteen minutes long song. Katheryn Elizabeth Hudson alias Katy Perry is an American singer, songwriter and television judge.
Gospel Rapper Marcus Gray filed a copyright infringement case against Katy Perry. Gray alleged that Katy and her team copied his song “Joyful Noise” which was released in 2009. The Jury Trial is handling the case at the US District Court for the Central District of California.
The term of copyright for a particular work depends on several factors and the vital factor is the first publication. In cases of music, the copyright protects the composition that is the specific arrangement and combination of musical notes, chords, rhythms, harmonies and lyrics. It is referred to as musical work. The second right covers the sound recordings. To avail the protection of copyright, the work should be the original one and must be fixed in any tangible medium of expressions, such as written sheet music, a MIDI file and a digital recording. However, themes and ideas are not protected by copyright.
The United States Copyright Law is contained in Chapter 1 through 8 and 10 through title 17 of the United States Code. The Copyright Act of 1976 provides the basic framework for the current copyright law.
Gray wrote the song with other writers namely Emanuel Lambert and Chike Ojukwu. It was alleged by Gray that the beginning and beats of Joyful Noise sound very similar to Dark Horse. The infringement suit was filed in 2014. Thereafter the case went to trial and lasted for seven days.
Both the songs are based on descending minor scales in staccato downbeat rhythms on high voiced synthesisers. The lawyer of the defendants argued that the two songs are in different keys and beats per minutes. Further, it was stated on behalf of Katy that the melodies are not on the same notes. The Defendants lawyer pointed out that fundamental aspect of pop music that is the building blocks of music cannot be owned by anyone.
Marcus Tyrone Gray alias Flame is an American hop recording artist signed to Clear Sight Music. Perry’s attorneys stated that the defendant never heard the plaintiff’s song until the suit was filed.
On counter-argument, Flame’s attorney replied that plaintiff’s Grammy-nominated song has been played numerously in different platforms. The plaintiff blamed that the lyrics of the song Dark Horse are about black magic and witch crafting, it blackened the lyrics of Joyful Noise which is a tribute to Jesus Christ.
A US Federal Jury of six observed that the song “Dark Horse“and its creators infringed the copyright of Joyful Noise. Katy Perry, Sarah Hudson, Capitol Records and producers Dr Luke, Max Martin is liable for infringement. In the next hearing, the Trial will decide on the number of damages.
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