Christian rapper won’t get his $2.8m as Katy Perry wins appeal
By Danielle Jarvis
March 19, 2020
In July of 2019, Katy Perry lost a legal case against Christian rapper ‘Flame’ and she and her music label were forced to pay a Christian rapper $2.8 million after losing an ongoing court case.
Marcus Gray, who goes by the name of Flame,
sued Perry and her label for copyright infringement with her 2014 hit, ‘Dark
Horse.’ The hit was also performed at the Super Bowl and has been one of
Perry’s most popular songs.
AP reported at the time that Perry will pay
Gray $550,000, with Capital Records, Perry’s label, paying the balance.
Flame, whose real name is Marcus Gray,
along with his co-writers, sued Perry, her producer and songwriters.
Gray filed his lawsuit back in 2014 over
the song, which became one of Perry’s biggest hits.
But it just goes to show that if you’re
going through the law courts, you don’t want to celebrate too early. Perry
lodged an appeal, and this time around she has been cleared of copyright
Below are the two songs, so you can compare for yourself.
“It is undisputed in this case, even viewing the evidence in the light most favorable to plaintiffs, that the signature elements of the 8-note ostinato in ‘Joyful Noise’… is not a particularly unique or rare combination, even in its deployment as an ostinato: prior compositions, including prior works composed by the parties, as well as what all agree is a separate non-infringing ostinato in ‘Dark Horse,’ all contain similar elements,” Judge Snyder, the judge presiding over the case, noted.
“In a well reasoned and methodical decision, the court properly vacated the jury verdict, finding that Dark Horse does not infringe Joyful Noise, as a matter of law,” Perry’s attorney told Billboard. “This an important victory for music creators and the music industry, recognizing that music building blocks cannot be monopolized. The creators of Dark Horse stand vindicated.”
Gray has confirmed he will appeal the case in what is going to turn out to be a very expensive legal affair.