Katy Perry wins ‘Dark Horse’ appeal Finding no “independently protectable” elements in the original song and siding with her on appeal, U.S. District Court Judge Christina A. Snyder has overruled a $2.8 million jury verdict for Christian rapper Flame (real name Marcus Gray) against Katy Perry for allegedly pulling an 8-note musical phrase (known as an ‘ostinato’) from his song “Joyful Noise” and using it in her 2013 hit “Dark Horse.”
Copyright infringement is a federal, civil cause of action and occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. In recent years, numerous copyright infringement lawsuits have been filed by recording artists against their more successful brethern seeking substantial cash payouts.