'The One That Got Away' singer was previously found guilty of swiping segments from Marcus Gray's Christian rap song called 'Joyful Noise' back in July 2019.
- Mar 11, 2022
AceShowbiz - Katy Perry has gained a major legal victory. It was reported that a federal appeals court refused to reinstate a $2.8 million copyright infringement verdict against the "American Idol" judge.
For the record, rapper Marcus Gray sued Perry back in 2014. He accused the pop star of ripping off his song, "Joyful Noise". Jurors previously ruled in his favor in 2019. However, the verdict was overturned a year later, noting that the rhythm Perry allegedly copied was too simple for copyright protection.
The U.S. Court of Appeals for the Ninth Circuit affirmed the decision on Thursday, March 10. Voting 3-to-0, the appeals court wrote, "The portion of the Joyful Noise ostinato that overlaps with the Dark Horse ostinato consists of a manifestly conventional arrangement of musical building blocks."
"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," it added. "Just as films often rely on tropes to tell a compelling story, music uses standard tools to build and resolve dramatic tension."
Perry and Universal Music Group’s Capitol Records, who was also listed as a defendant in the case, has yet to comment on the decision. Gray's attorney, meanwhile, responded to the ruling in a statement to Billboard.
"The notion that this simple, original, and clearly distinctive 8-note melody can't be protected by copyright runs contrary to a series of simple and clearly distinctive 8-note opening melodies, including Dave Brubeck's 'Take Five', The Rolling Stones' 'Satisfaction' and, of course, the 8-note opening to Beethoven's 5th Symphony," Michael A. Kahn told the outlet. "We are considering our options."
Perry was not the only artist who has faced copyright infringement lawsuits. Recently, it was unveiled that Sam Smith and Normani Kordei have been sued over their joint single, "Dancing With a Stranger". Dua Lipa, on the other hand, has been dragged to the court over her hit "Levitating".
