Katy Perry Wins "Dark Horse" Lawsuit on Appeal
A judge ruled that Perry did not plagiarize Christian rapper Flame.
Published Mar 18, 2020After being ordered to pony up millions for allegedly plagiarism on her "Dark Horse" single, Katy Perry and her collaborators have successfully challenged the verdict.
Yesterday (March 17), a federal judge in Los Angeles overturned a ruling that Perry and stable of collaborators — including Dr. Luke, Max Martin and Circuit — would pay out $2.78 million USD due to "Dark Horse" sharing elements of work by Christian rapper Flame.
U.S. District Judge Christina A. Snyder found that Flame's song "Joyful Noise" was not distinctive enough to be protected by copyright.
"It is undisputed in this case, even viewing the evidence in the light most favorable to plaintiffs, that the signature elements of the eight-note ostinato in 'Joyful Noise' is not a particularly unique or rare combination," she wrote in her decision [via the Associated Press].
In an email to the Associated Press, Flame's attorney, Michael A. Kahn, confirmed plans to appeal the ruling.
"When the jurors returned a unanimous verdict of infringement, I cautioned my clients that we had only finished Round 11 of a 15-round match and that the next round would take place in the court of appeals," he wrote, referencing prior pre-trial rulings in favor of the rapper. "We believe the jury was right and will do our best to restore their verdict on appeal."
Perry's ruling comes after Led Zeppelin won a California plagiarism trial of their own. Earlier this month, she revealed her pregnancy in a new video for "Never Worn White."