A rapper who sued Katy Perry wants to revive $2.8 million copyright verdict against her, but a federal appeals court had tough questions for his attorney.
Flame, whose real name is Marcus Gray, sued Perry in July 2014, claiming she had lifted a key “ostinato” — a short series of notes that’s repeated throughout a song — from his “Joyful Noise” and used it prominently in “Dark Horse.” And the case initially went well, resulting in a $2.8 million infringement verdict against Perry in July 2019.
“It seems to me that the case law says that we as judges are fully authorized and empowered and indeed required to examine the extrinsic test ourselves,” the judge said., counsel for Perry’s label Capitol Records. She argued that Judge Snyder “did the absolute right thing” by analyzing the case and overturning the verdict. She said the judge had “fixed a wrong” committed by a jury who perhaps “wasn’t cognizant of how this should work.
Near the end of the hearing, Judge Clifton took a lull in the proceedings to once again express doubt about the case against Perry. He said it had taken him several re-listens before he could even “figure out exactly what the purported similarities were.”
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