Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Singer Katy Perry's 2013 hit Dark Horse copied Christian rap song, jury finds

Perry’s hit Dark Horse bears similarities to Joyful Noise by Flame, who first took a case against the singer in 2014.

US SINGER KATY Perry copied the beat of her 2013 hit Dark Horse from a Christian rap song, a Los Angeles jury has found. 

The nine-member panel ruled that similarities between Perry’s song and Joyful Noise by Marcus Gray – who performs as Flame – constituted copyright infringement. 

The week-long trial saw Perry take the witness stand, where she told the jury her song was an original composition and that she had never heard of the rap song.

She said her collaborators had brought her samples of short instrumental passages, which inspired the composition of Dark Horse.

KatyPerryVEVO / YouTube

Her team said that the two songs’ underlying beat was “commonplace” and therefore cannot be copyrighted.

Gray’s lawyers said the defendants had “copied an important part” of his song, referring to a 16-second instrumental phrase.

In a light-hearted moment, Perry provoked laughter after offering to perform her song live from the witness stand when the federal courtroom’s speaker system had technical difficulties.

Radial by The Orchard / YouTube

The court will begin today determining how much Gray may be owed in damages.

Perry performed a version of Dark Horse at the 2015 Super Bowl, while Joyful Noise has been viewed more than 3 million times on YouTube.

Gray’s team first brought the litigation against Perry in 2014.

© AFP 2019.

Author
View 28 comments
Close
28 Comments
This is YOUR comments community. Stay civil, stay constructive, stay on topic. Please familiarise yourself with our comments policy here before taking part.
Leave a Comment
    Install the app to use these features.
    Mute LittleBee
    Favourite LittleBee
    Report
    Jul 30th 2019, 9:17 AM

    but but but don’t most rap songs have the same few underlying beats….thats why they all sound the same…oh god I’m getting old aren’t I

    168
    Install the app to use these features.
    Mute WoodlandBard
    Favourite WoodlandBard
    Report
    Jul 30th 2019, 10:02 AM

    @LittleBee: my first thought, rappers will now be suing other rappers. Then the country and western people will be suing each other. Lawyers heaven.

    48
    Install the app to use these features.
    Mute James Wallace
    Favourite James Wallace
    Report
    Jul 30th 2019, 10:24 AM

    @LittleBee: it’s not just rap, there are a few bassline riffs in soul/disco music that are commonly used and every now and then, someone sues.

    18
    See 4 more replies ▾
    Install the app to use these features.
    Mute LittleBee
    Favourite LittleBee
    Report
    Jul 30th 2019, 1:23 PM

    @James Wallace: I know right , can someone not be influenced by music without being accused of ripping it off. How many times have you sang a random melody in your head but not know where’s it’s from, maybe you made it up maybe you heard it in a lift and added the lyrics to it, something arbatory like about a lovely horse

    5
    Install the app to use these features.
    Mute Philip King ⚡️
    Favourite Philip King ⚡️
    Report
    Jul 30th 2019, 1:32 PM

    @LittleBee: it gets better.

    https://youtu.be/oOlDewpCfZQ

    5
    Install the app to use these features.
    Mute LittleBee
    Favourite LittleBee
    Report
    Jul 30th 2019, 3:37 PM

    @Philip King ⚡️: ha ha ha thank so much I really enjoyed that….right I have my teach yourself the ukulele book…Im off to write a number one hit.

    2
    Install the app to use these features.
    Mute James Wallace
    Favourite James Wallace
    Report
    Jul 30th 2019, 6:59 PM

    @LittleBee: writing songs is fairly easy. Writing a good and original song, not so much!

    1
    Install the app to use these features.
    Mute Marty from Sligo
    Favourite Marty from Sligo
    Report
    Jul 30th 2019, 9:22 AM

    A lot of country songs have the same beat and are very similar, so many we dont know who is copying who.

    53
    Install the app to use these features.
    Mute Craic_a_tower
    Favourite Craic_a_tower
    Report
    Jul 30th 2019, 9:46 AM

    @Marty from Sligo: beat has a different meaning here. It isn’t the rhythm but the sound effect too. Closer to the same rift rather than anything else

    17
    Install the app to use these features.
    Mute Arya
    Favourite Arya
    Report
    Jul 30th 2019, 10:11 AM

    @Craic_a_tower: thanks…you are a real musician with a good ear for it…

    1
    See 2 more replies ▾
    Install the app to use these features.
    Mute Cathal
    Favourite Cathal
    Report
    Jul 30th 2019, 11:34 AM

    @Marty from Sligo: Doesn’t the copyright run out after 50years, most of the country and Western stuff would predate that.

    1
    Install the app to use these features.
    Mute Melanie Tournier
    Favourite Melanie Tournier
    Report
    Jul 30th 2019, 1:08 PM

    @Craic_a_tower: rift has a slightly different meaning also, assuming you mean riff, I think the word groove best describes the beat or feeling of the songs in question

    2
    Install the app to use these features.
    Mute Mandy Seiler
    Favourite Mandy Seiler
    Report
    Jul 30th 2019, 9:06 AM

    Good grief. 16 seconds …

    51
    Install the app to use these features.
    Mute Cathal
    Favourite Cathal
    Report
    Jul 30th 2019, 11:32 AM

    @Mandy Seiler: And dopey boy gets his 15 minutes of fame

    8
    Install the app to use these features.
    Mute wiggy
    Favourite wiggy
    Report
    Jul 30th 2019, 12:03 PM

    @Cathal: how is he dopey

    9
    See 2 more replies ▾
    Install the app to use these features.
    Mute Cathal
    Favourite Cathal
    Report
    Jul 30th 2019, 1:16 PM

    @wiggy: Christian rap, oxymoron if ever there was one

    5
    Install the app to use these features.
    Mute Mark
    Favourite Mark
    Report
    Jul 30th 2019, 1:57 PM

    @Cathal: rap doesn’t have a set in stone theme. However I can’t imagine Christian being very good…

    2
    Install the app to use these features.
    Mute Liam Byrne
    Favourite Liam Byrne
    Report
    Jul 30th 2019, 9:28 AM

    It’s not her song anyway. Her multitude of producers can be credited with that. Now they can’t even take credit.

    38
    Install the app to use these features.
    Mute Arthur Pewty
    Favourite Arthur Pewty
    Report
    Jul 30th 2019, 9:36 AM

    @Liam Byrne: quick check on allmusic.com shows that she is one of 6 credited writers.

    16
    Install the app to use these features.
    Mute Cocker
    Favourite Cocker
    Report
    Jul 30th 2019, 10:47 AM

    @Arthur Pewty: Writer yes. Producer no. Meaning she wrote (some) lyrics for the song. The actual music was made by producers.

    21
    See 1 more reply ▾
    Install the app to use these features.
    Mute Rob Cahill
    Favourite Rob Cahill
    Report
    Jul 30th 2019, 11:37 AM

    @Arthur Pewty: Write a word, Get a third.. They are all at that lark.

    3
    Install the app to use these features.
    Mute Paul
    Favourite Paul
    Report
    Jul 30th 2019, 9:25 AM

    It must have been joyful noise to Gray’s ears to hear the verdict

    34
    Install the app to use these features.
    Mute Nathan Carr
    Favourite Nathan Carr
    Report
    Jul 30th 2019, 10:28 AM

    I can see more cases like these in the future. Since the 50′s how many music artists recording how many songs. Just by listening to songs for along time you are bound to incorporate something in your songs.

    7
    Install the app to use these features.
    Mute iohanx
    Favourite iohanx
    Report
    Jul 30th 2019, 10:39 AM

    Can you sue an artist for copying his/her brush stroke?

    7
    Install the app to use these features.
    Mute
    Favourite
    Report
    Jul 30th 2019, 12:26 PM

    Christian rap that’s easily the most laughable thing in this whole article

    9
    Install the app to use these features.
    Mute Ken Burke
    Favourite Ken Burke
    Report
    Jul 30th 2019, 11:03 AM

    Ah the Christians will forgive her

    6
    Install the app to use these features.
    Mute Cathal
    Favourite Cathal
    Report
    Jul 30th 2019, 11:35 AM

    Didn’t George Ezra have to pay royalties on Shotgun to some country and Irish singer?

    5
    Install the app to use these features.
    Mute Watchful Axe
    Favourite Watchful Axe
    Report
    Jul 30th 2019, 8:18 PM

    Ahh yeah it is pretty similar, beat at 1 min 16 sec onwards in Katy’s video vs opening beat in rap video.

    1
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.

Leave a commentcancel

 
JournalTv
News in 60 seconds