Katy Perry wins $2.8m copyright appeal over 2013 hit Dark Horse

msn.com:

Katy Perry has won an appeals battle over her hit Dark Horse, and will no longer have to pay $2. 8m (£2. 1m) to a rapper who claimed she stole his song.

Marcus Gray sued the popstar in 2014, saying she had plagiarised an eight-note riff from his track Joyful Noise. In 2019, a jury awarded Mr Gray, who performs under the name Flame, the hefty payout, agreeing that there had been copyright infringement.

However after a lengthy legal battle, during which a judge said the melody was not “particularly unique or rare”, an appeals court has now ruled in Perry’s favour.

The ruling reads: "The trial record compels us to conclude that the ostinatos at issue here consist entirely of commonplace musical elements, and that the similarities between them do not arise out of an original combination of these elements. “Allowing a copyright over this material would essentially amount to allowing an improper monopoly over two-note pitch sequences or even the minor scale itself, especially in light of the limited number of expressive choices available when it comes to an eight-note repeated musical figure. ”Michael Kahn, who represented Gray, said his client were considering his legal options.