Katy Perry Ordered To Cough Up $4 Million For Ripping Off A Christian Rap Song
A jury found that Perry and her songwriters had lifted the 'Dark Horse' beat from a track called 'Joyful Noise'.
Katy Perry and Capitol Records have been ordered to pay US $2.78 million (over AUD $4 million) in damages to Christian rapper Flame (Marcus Gray) after a jury ruled earlier this week that Perry’s hit ‘Dark Horse’ copied parts of Gray’s track ‘Joyful Noise’.
The decision was five years in the making, with the jury ultimately deciding that the instrumentation and beat that runs through nearly half of ‘Dark Horse’ was substantially similar to that that runs through ‘Joyful Noise’. Producers Max Martin, Cirkut and Dr. Luke, and songwriter Sarah Hudson were also found liable for copyright infringement.
“These defendants have made millions and millions of dollars from their infringement of the plaintiff’s copyright,” Gray’s lawyer, Michael A Kahn, told the court — arguing that because the copied beat runs through 45 percent of ‘Dark Horse’, Gray should be entitled to 45 percent of the profits from the song.
Gray’s lawyers argued that Perry had made US $41 million from the single, and so were seeking a payout of nearly US $20 million. But Capitol Records claimed they had only earned a fraction of that amount: “They’re not seeking fairness,” lawyer Aaron M. Wais told the jury. “They’re seeking to obtain as much money as possible.”
In the end, it was settled that Perry and Capitol would pay $2.78 million in damages, with Perry paying $550,000, and Capitol Records responsible for the rest. Perry’s lawyer, Christine Lepera, announced they would be appealing the decision. “The writers of ‘Dark Horse’ consider this a travesty of justice,” she said.
All of the songwriters on ‘Dark Horse’ (there were six) testified that they had never heard of Gray prior to writing the song.
Listen to the two songs below.