A jury killed Katy Perry's 'Dark Horse' in another controversial copyright verdict
had the same melody asStormy,Few cases with such copious copying ever get to a jury, or even to a court clerk’s filing window, because they settle swiftly, with legacy writers getting a share of the new hit song’s income and writing credits.’s writers and producers weren’t willing to settle, perhaps assuming that what sounds plainly obvious to music professionals like them would be understood by a jury.
As Perry’s attorney Christine Lepera correctly argued, “you can’t copyright musical building blocks.” Likewise, Perry’s music expert, NYU music professor and musicologist Lawrence Ferrara, showed that two earlier songs,, have almost identical note sequences, which he said was commonplace. But the arguments apparently went in Juror 1’s ear and out Juror 9’s, as the panel quickly found for Flame regardless.
It seems hard for music litigators to convince jury members—often with no musical background—that while some tone-and-rhythm sequences are original enough to warrant copyright protection, others are simply musical building blocks or “vibes” that don’t belong to anyone.case, Skidmore v.
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