Katy Perry loses copyright case for her song Dark Horse

US court ruled in favor of Rapper Flame, stating that Perry plagiarized her 2013 song.

(Image source: Instagram/ Katy Perry)

The 34-year-old singer had been accused of copying Marcus Gray, who performs under the name Flame. Perry’s hit song ‘Dark Horse’ sounded very similar to Flame’s son released 2009 named ‘Joyful Noise’.

Gray’s lawsuit

Gray filed a lawsuit a year after the release of ‘Dark Horse’ which was nominated for a Grammy award and achieved her the status US No 1 single.

(Image source: Twitter/ FLAME)

In addition, the track became the 2nd biggest selling single worldwide by 2014 with 3 million copies sold. The track also earned Perry the title of the first female artist to reach a billion views on YouTube. The music video now has over 2.6bn views.

Producers and 6 songwriters involved in the release of the song including, Dr Luke, Max Martin, Cirkut Sarah Hudson and rapper Juicy J were also sued.

(Image source: Instagram/ Katy Perry)

Katy Perry denies plagiarizing

Perry insisted that she hadn’t heard Flame’s track before recording ‘Dark Horse’

Moreover, she offered to perform her hit song during the long trial. However, her lawyers were unable to play the track for the 9 members of federal jury due to the speaker system being broken.

(Image source: Instagram/ Katy Perry)

Related: Katy Perry reveals how she and Taylor Swift ended their long-running feud

Ultimately, the jury decided against Perry.

The similar beat

Perry’s team tried to convince the court that the beat of her and Gray’s songs fell in a “commonplace

Last week, during the closing argument, Perry’s lawyer Christine Lepera stated, “They’re trying to own basic building blocks of music, the alphabet of music that should be available to everyone.” 

However, Flame’s team were convinced that Perry and her team had “copied an important part” of his track.

Michael A. Kahn, Gray’s lawyer said, “They’re trying to shove Mr Gray into some gospel music alleyway that no one ever visits.”

Katy claimed that she only heard the beat that her producer Dr. Luke sent her while she was on vacation in Santa Barbara, California .

In addition, she also stated that she wrote her hit song ‘Dark Horse’ in 4 hours.

(Image source: Twitter/ FLAME)

Associating Flame’s music to “Illuminati imagery”

Flame’s team also accused Perry of using his music and attaching it to some indecent topics.

They said Perry used the beat for “creating a false association between the music of Joyful Noise and the anti-Christian witchcraft, paganism, black magic, and Illuminati imagery evoked by Defendants’ Song”

The rapper also claims that after Katy’s hit song started being associated to him, it destroyed his reputation in the Christian music world.

The court is currently working on the damages Perry and those involved in the production of ‘Dark Horse’ owe Gray.

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