Jurors will be asked to consider whether Myspace and YouTube plays are proof a Christian rap song was likely to have been heard by Katy Perry and her co-creators.
A copyright infringement trial over Katy Perry's "Dark Horse" is set to begin next week, and defendants want to ask potential jurors about their Myspace pages.
In order to succeed at trial, Gray will first have to convince a jury that the defendants heard his song. U.S. District Court Judge Christina Snyder in August in denying the defendants' motion for summary judgment, finding the plaintiffs "demonstrated a triable issue of fact as to access because 'Joyful Noise' achieved critical success, including a Grammy nomination, and was readily available and viewed millions of times on YouTube and MySpace.
In a Thursday filing, defendants proposed a set of questions for potential jurors. In addition to the standard inquiries about employment, previous jury experience and family life, defendants want to ask jurors whether they've ever used YouTube, Myspace and Facebook and how much time, if any, they spend on the sites. They also want to know how they listen to music and which streaming services they use.
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