A court of appeals in Los Angeles overturned today a verdict above that determined this summer that the singer Katy Perry had to pay a total of 2.78 million dollars (2.45 billion euros) by plagiarizing a rap song christian for its successful issue “Dark Horse”.
The judge who investigated the case, after the team of Perry appeal the decision, said the new verdict is that the song allegedly plagiarized, “Joyful Noise” by Marcus Gray, was not sufficiently distinctive as to be protected by copyright.
“It is undisputed in this case, even seeing the test that is most favorable to the plaintiffs, that the characteristic elements of “Joyful Noise” are not a combination particularly unique or rare,” says the new conclusion.
Also read: Jury declares that Katy Perry plagiarized “Dark Horse”
Plaintiff’s attorneys have already advanced to local media that they will appeal the new decision, against which it is still a possibility of appeal, since it considered that the judge’s previous “was right” and will do “everything possible to restore your verdict”.
Last August, the previous tribunal gave Perry a fine of 2.78 million dollars for plagiarism.
At that time, the artist had to pay 550-thousand dollars ($499.000 euros) out of your pocket, while the rest would be paid for by their record label, Capitol Records, and other collaborators.
The sum of money is going to compensate the singer Marcus Gray, who under the alias of Flame is specialized in the rap-themed christian and denounced in 2014, both to Perry as its creative team for allegedly plagiarizing his song “Joyful Noise”.
This theme, included in the album Our World: Redeemed (2008) Flame, it has a rhythm and a base very similar to the success of Perry’s Dark Horse, so much so that the rapper american decided to take the pop star to court.
The artist claimed in their lawsuit that, to be considered as a plagiarism, he had the right to receive the benefits achieved by the subject of Perry, which is estimated at about 40 million dollars (36.3 million euros). But the defense of the star argued that one would have to subtract from that amount the costs of production, filming and exploitation, among others.
“Dark Horse”, which formed part of the album Prism (2013), is one of the great successes of the career of Perry and its music video, inspired in the ancient Egypt, accumulating more than 2,600 million views on YouTube.
In addition, he was one of the highlights of the show Perry, in the middle of 2015 Super Bowl.