KatyPerry takes the stand on day one of 'Dark Horse' copyright trial
Katy Perry performs onstage with Zedd at Coachella Stage during the 2019 Coachella Valley Music And Arts Festival on April 14, 2019 in Indio, Calif.
and songwriter Sarah Hudson -- used the underlying beat from Christian rapper Flame’s 2008 song “Joyful Noise” in "Dark Horse" without he and his collaborators' permission.Perry and company for copyright infringement in 2014, claiming, among other things, that their song had been tainted by what they termed "witchcraft, paganism, black magic and Illuminati imagery" contained in both the “Dark Horse” track and music video .
In her opening statement for the defense, attorney Christine Lepera countered that the plaintiffs “do not have the evidence of widespread distribution” of “Joyful Noise” and that it defied “common sense” that the defendants would have heard it given its relative obscurity and the sheer amount of music available to stream online.
Later in her testimony, Perry also rejected Kahn’s earlier insinuations that cutting out the disputed opening beat of “Dark Horse” during her performance of the song at the 2015 Super Bowl, which occurred seven months after the filing of the lawsuit, was in any way an acknowledgment of infringement. She instead claimed that the cut was made due to time constraints alone.
Attorneys for the plaintiffs previously argued that the defense waived their right to claim the copyright registration for the beat was invalid due to their failure to consult with the Registrar of Copyrights on the matter.
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