A federal appeals court on Thursday refused to reinstate a $2.8 million copyright verdict against Katy Perry over the 2013 hit “Dark Horse.”
By a 3-to-0 vote, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit upheld that decision on Thursday, saying a decision against Perry would have dangerous consequences for future creativity.
“The portion of the Joyful Noise ostinato that overlaps with the Dark Horse ostinato consists of a manifestly conventional arrangement of musical building blocks,” the appeals court wrote. “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.”
Barring an unlikely trip to the U.S. Supreme Court, the ruling is the end of the road for Gray’s claims against Perry, ending years of litigation over “Dark Horse.”
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