LOS ANGELES (CBSLA) — Now that a federal jury has decided that Katy Perry’s 2013 hit “Dark Horse” lifted its underlying electric beat from a 2009 Christian rap song, they will next have to determine how much money the pop star and her collaborators might owe in damages.
The damages phase began Tuesday with opening statements. Attorneys for Marcus Gray, the Christian rapper known as Flame, say “Dark Horse” brought in a total revenue of $41 million and that Gray should get a cut of that, but Perry’s attorneys say the cost of producing the song and other factors need to be subtracted before any percentage can be awarded.
Gray prevailed Monday after suing Perry for copyright infringement. After a seven-day trial, his attorneys convinced the jury that the beat and instrumental lines in both songs were significantly similar. Perry and her song’s co-authors had argued the passage in question is too commonplace to copyright and that none of them had heard “Joyful Noise” before the lawsuit was filed.
However, the song had been nominated for a Grammy and has millions of views on YouTube and Myspace.
The pop star, who recently posted a picture from Spain with media mogul David Geffen, testified during the trial, but will not be in court for the damages phase, when the jury will hear testimony about how much “Dark Horse” is worth. “Dark Horse” was also nominated for a Grammy and sat at the top of the Billboard charts for four weeks.
The damages phase is expected to last two days.