"The creators of 'Dark Horse" stand vindicated".
It's a victory for Katy Perry after a federal judge ruled in her favor in a case alleging that she and her collaborators copied her 2013 hit "Dark Horse" from a Christian rap song from 2009 called "Joyful Noise" by Marcus Gray.
However in a u-turn eight months later (March 16), judge Snyder reviewed that evidence presented at the jury trail was in fact insufficient, noting that Joyful Noise's key elements were "not a particularly unique or rare combination". This means that Perry and her collaborators, Dr. Luke and Max Martin, do not have to pay up the hefty amount of money to Flame.
Perry's lawyer Christine Lepera had made a similar argument during the trial, saying that Flame was "trying to own the basic building blocks of music". "This an important victory for music creators and the music industry, recognizing that music building blocks can not be monopolized".
Perry's attorney, Christine Lapera, also stated in court that Gray can not claim infringement as Perry's song featured widely used elements of music and that a decision against the songstress would set negative precedents for music and artists across the board.
"The court agrees that the uncontroverted evidence points to only one conclusion: that none of these individual elements are independently protectable", Judge Snyder wrote.
Gray's attorneys argued that the beat and instrumentals in his song are significantly like what is heard through nearly half of "Dark Horse". Snyder concluded that if an appeals court disagrees with her ruling, then she would "conditionally grant a new trial".
Gray intends to appeal the appeal decision.
"We believe the jury was right and will do our best to restore their verdict on appeal", Kahn said.