Katy Perry Reacts to Winning in ‘Dark Horse’ Copyright Appeal

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Katy Perry took the latest news about her appeal over a “Dark Horse” copyright case to Vegas.

“So just be sure… before you take me to court, ’cause I’m a Scorpio, b—-!” she shouted out to the crowd Friday night (March 11), according to a concert video making its rounds on social media on Saturday.

Perry is in the midst of the March leg of dates of her Play Las Vegas residency at The Theatre at Resorts World resort and casino.

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On Thursday, a federal appeals court refused to reinstate a $2.8 million copyright infringement verdict against Perry over her 2013 single “Dark Horse,” ruling that the two songs named share only basic musical “building blocks.”

Back in 2014, rapper Marcus Gray had sued Perry, accusing her of ripping off his song “Joyful Noise.” Jurors awarded him the verdict, but a judge overturned that verdict in 2020 on the grounds that the “ostinato” Perry allegedly copied was too simple for copyright protection.

On Thursday, the U.S. Court of Appeals for the Ninth Circuit upheld that decision, by a 3-to-0 vote.

“The portion of the ‘Joyful Noise’ ostinato that overlaps with the ‘Dark Horse’ ostinato consists of a manifestly conventional arrangement of musical building blocks,” said the appeals court. “Allowing a copyright over this material would essentially amount to allowing an improper monopoly over two-note pitch sequences or even the minor scale itself.”

Below, check out a clip of Perry’s onstage reaction that was uploaded by a fan who attended the show.

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