After trials throughout the week California jury concluded that “The Dark Horse” by Katy Perry is a copyright violation. The decision was given on Monday.
The suit was filed by Christian rapper Marcus Gray, also known as Flame who claimed that Perry’s 2013 hit was in lines with his works titled “Joyful Noise”. The plaintiff alleged that the song took his underlying beat.
At the trial, both Perry and Luke said they had never heard of “Joyful Noise”. On this Gray argued that his song was a great success in niche market. He further added that defendants may have heard it at Grammy Awards or YouTube or MySpace where the song has got millions of views.
The lawyers of Gray claim, the beat and instrumental line featured through nearly half of Dark Horse is substantially similar to those of Joyful Noise.
Generally, such copyright cases either settle or are dismissed before even getting into trials, but “Dark Horse” has joined the category of famous “Blurred Lines” and “Stairway to Heaven” which have been subject to judicial proceedings.
However, the verdict meant that the case will now proceed t o damages phase, which will begin on Tuesday. Also, a motion from Perry’s lawyer is still pending on Thursday asking the U.S. Judge Christina Snyder to rule that no reasonable jury could find copyright infringement based on the evidence presented at the trial.
During the hearing, Katy performed live in the courtroom and also a shooting that took place just outside the courthouse on the day Dr. Luke testified.
Compare the songs here: