LOS ANGELES (AP) — The Latest on a jury’s verdict that Katy Perry’s hit “Dark Horse” improperly copied elements of a 2009 Christian rap song (all times local):
Attorneys for the creators of a Christian rap song that a jury says was improperly copied in Katy Perry’s song “Dark Horse” say the pop superstar’s 2013 hit earned roughly $41 million.
The figure will be a key point of contention during the damages phase of a copyright infringement trial that began Tuesday in downtown Los Angeles.
A nine person jury unanimously decided Monday that “Dark Horse” improperly copied the 2009 Christian rap song “Joyful Noise.”
An agreement entered in court Tuesday states that Perry earned $3.2 million from “Dark Horse,” while incurring $800,000 in costs.
The bulk of the penalty phase will focus on Capitol Records, whose attorneys say the label earned $31 million from the song but after costs its profits were a mere $630,000.
Testimony about the costs will begin Wednesday.
Jurors who found that Katy Perry and her team improperly copied her 2013 hit “Dark Horse” will now decide how much they owe a Christian rapper and his co-writers.
The damages phase of the trial is scheduled to begin with opening statements in a Los Angeles federal court on Tuesday and is expected to last two days. It will include testimony from experts and executives on how much the song is worth.
On Monday, the jury of nine unanimously found that “Dark Horse” was copied from the 2009 Christian rap song “Joyful Noise,” co-written and performed by lead plaintiff Marcus Gray, who went by the stage name Flame at the time.
Perry and five co-writers, including producer Dr. Luke, were found liable for infringing the song’s copyright.