JUDGE DECLINES TO DISMISS SUIT OVER KATY PERRY’S “DARK HORSE”

Posted by Steven T. Lowe | Aug 27, 2018 | 0 Comments

On August 13, 2018, a California federal judge declined to dismiss claims against Capitol Records LLC, Universal Music Group Inc., Katy Perry, and other songwriters (“defendants”), over claims they used plaintiffs' song “Joyful Noise” when creating Katy Perry's hit “Dark Horse.”

Defendants' attorney Christina Lepera of Mitchell Silberberg & Knupp LLP, urged Judge Snyder to reconsider her ruling by arguing “Joyful Noise” did not receive the kind of commercial exposure (i.e., radio play, record sales, etc.) needed to conclude that the defendant likely heard it by “reasonable possibility, not speculation.” Lepera argued plaintiffs' allegation that their song was viewed four million times over a four-year period on YouTube was insufficient to prove access. The court disagreed and sided with plaintiffs' attorneys', Michael A. Kahn, Drey A. Cooley and Daniel R. Blakey of Capes Sokol and Eric F. Kayira of Kayira Law LLC, that these issues would be best left to a jury.

The case is Marcus Gray et al. v. Katy Perry et al., case number 2:15-cv-05642, in the U.S. District Court for the Central District of California.

* Lowe & Associates (“The Firm”) is a boutique entertainment and business litigation firm located in Beverly Hills, California. The Firm has extensive experience handling cases involving entertainment law, having provided top quality legal services to its clients since 1991. The Firm is recognized in multiple publications for its many achievements and high ethical standards, including Martindale-Hubbell and Super Lawyers.

Find us at our website at www.LoweLaw.com

About the Author

Steven T. Lowe

Steven T. Lowe is the principal of Lowe & Associates and the firms lead attorney, wielding over 30 years of experience as an attorney practicing in California.  After graduating from Vanderbilt University in 1980, Mr. Lowe earned his Juris Doctorate at...

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