Previously reported on the reading room, popstar Katy Perry was on the receiving end of a copyright claim against her single ‘Dark Horse’.
The Christian rapper Flame claimed that ‘Dark Horse’ infringed the copyright protection of his song ‘Joyful Noise’. The claim was in respect of an eight-note ostinato, which is a repeating phrase, and in July 2019, a jury at the US District Court for the Central District of California agreed with the rapper and found Perry liable for copyright infringement. The Court awarded $3 million in damages to Flame.
Katy Perry’s team appealed this decision, and the appeal was decided this week.
Perry was successful in overturning the original decision, and the Court determined that the eight-note ostinato was not original enough to warrant copyright protection and therefore Flame’s claim could not be successful.
Perry had described the original judgment as a miscarriage of justice and therefore will be happy with this U-turn decision.
This may not be the end of the matter as Flame does have the option to appeal this decision so best to keep your eyes peeled on Lawdit’s reading room for any news.