"That kind of celebrity can drive the success of a single, because the public is primed." "Katy Perry had enormous celebrity brand value before the release of 'Dark Horse,'" said King, an associate professor at New York University. Jason King, a professor who specializes in pop music called by the defense, testified that the success of the song was driven primarily by the enormous star power of Perry and the marketing, neither of which involved the disputed parts of the song. He said "Prism" has sold 1.2 million physical copies, but "Dark Horse" has been streamed 1.89 billion times.
KATY PERRY HOT AND COLD HIP HOP MAKEUP FULL
(Capitol Records is owned by Universal Music Group.)ĭrellishak's testimony reflected the massive digital shift the music business has undergone in recent decades, a shift that has also given singles precedence over full albums amid the short attention spans spawned by streaming.
The plaintiffs argued that Capitol Records received more than $31 million for the "Dark Horse" single and the album and concert DVD on which it appeared.Īn attorney for Capitol Records told jurors that expenses incurred in producing and promoting the song trimmed the label's profits to roughly $650,000. "They're seeking to obtain as much money as possible." Lawyers for Perry and her co-defendants said the plaintiffs' demands were based on ludicrous figures. "They're not seeking fairness," the defendants' attorney, Aaron M. "They seek a fair portion of the defendants' profits. "These defendants have made millions and millions of dollars from their infringement of the plaintiff's copyright," Gray's attorney, Michael A. Defense attorneys argued for about $360,000. Lawyers for Gray and his two co-writers told the jury they should get nearly $20 million. The two sides came up with wildly different numbers.
KATY PERRY HOT AND COLD HIP HOP MAKEUP TRIAL
She offered to sing her song in the courtroom when technical snafus initially prevented lawyers from playing it.Īfter the first phase of the trial – was copyright law violated? – the second phase shifted to the penalty question – determining how much the Perry song had earned and how much to award to Gray and his collaborators. Perry was not in court for the verdict, although she appeared in court Monday, along with the song's co-authors, including producer Lukasz Gottwald (known as Dr.
It earned Perry a Grammy Award nomination and was part of her 2015 Super Bowl halftime performance. "Dark Horse," a hybrid of pop, trap and hip-hop sounds that was the third single from Perry's 2013 album "Prism," spent four weeks atop the Billboard Hot 100 in early 2014. The same jury of nine unanimously found Monday that certain beats in "Dark Horse" were improperly copied from "Joyful Noise," co-written and performed by lead plaintiff Gray, who went by the stage name Flame at the time. Jurors decided Thursday that Katy Perry, her collaborators and her record label owe the writers of a Christian rap song $2.78 million for stealing elements of the 2009 song "Joyful Noise" for Perry's 2013 hit "Dark Horse."Īfter more than a week of testimony in federal court in Los Angeles, the jurors in the copyright case decided Christian rapper Marcus Gray should get just over $550,000 from Perry, with her Capitol Records label responsible for the majority of the $2.78 million. Watch Video: Katy Perry's 'Dark Horse' copied Christian rap song, jury finds
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