How Led Zeppelin Saved Katy Perry and Extinguished Flame ft. Adam Neely (Real Law Review)
Katy Perry lost $2.8 million copyright judgment, but then she didn’t...
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Summary from Law360:
A California federal judge on Tuesday tossed out a jury verdict that Katy Perry's 2013 song "Dark Horse" infringed an earlier Christian rap song, ruling that the tracks share only common musical elements that cannot be protected by copyright law.
Overturning a July verdict against the pop star, the judge ruled that the "ostinato" that Perry allegedly copied from a song called "Joyful Noise" was too basic for any one artist to monopolize.
"It is undisputed in this case, even viewing the evidence in the light most favorable to plaintiffs, that the signature elements of the 8-note ostinato in 'Joyful Noise' [are] not a particularly unique or rare combination," U.S. District Judge Christina A. Snyder wrote.
"The other elements present in plaintiff's 8-note ostinato also do not bring the combination within the ambit of copyright law's protection," the judge wrote.
Notably, Judge Snyder on multiple occasions cited last week's decision by the Ninth Circuit on "Stairway To Heaven," including one portion that said musical "building blocks belong in the public domain."
The ruling went against a hip-hop artist named Flame, who sued Perry in 2014 on the accusation that she had lifted material from "Joyful Noise" when she wrote "Dark Horse," a 2013 song on her album Prism. In July, a California federal judge agreed, later ordering Perry to pay $2.8 million in damages.
Following the decision undoing that verdict, an attorney for Flame — legal name Marcus Gray — vowed to appeal the outcome.
"Back last summer when the jurors returned a unanimous verdict of infringement, I cautioned my clients that we had only finished Round 11 of a 15-round match and that the next round would take place in the court of appeals," Michael A. Kahn, attorney for Flame, told Law360. "We believe the jury was right and will do our best to restore their verdict on appeal."
An attorney for Perry and other defendants did not return a request for comment.
In post-trial motions that led to Tuesday's ruling, Perry argued that the ostinato featured in both "Dark Horse" and "Joyful Noise" was a "commonplace expression" that "no creator can monopolize."
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All clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).
Typical legal disclaimer from a lawyer (occupational hazard): This is not legal advice, nor can I give you legal advice. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos!
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Видео How Led Zeppelin Saved Katy Perry and Extinguished Flame ft. Adam Neely (Real Law Review) канала LegalEagle
The first 500 Legal Eagles get 2 months of unlimited learning on Skillshare for FREE: https://skl.sh/legaleagle26
Check out Adam Neely’s great channel: https://www.youtube.com/user/havic5
Thanks also to Drum Beats Online for the video: https://www.youtube.com/user/DrumBeatsOnline
⚖️⚖️⚖️Interested in LAW SCHOOL? Get my PRELAW COURSE:
https://legaleagle.teachable.com/p/prelaw
©©©©© Need help with COPYRIGHT? I built a course just for you (15% OFF!):
https://www.copyrightcourse.com/yt
★ A Few of My Favorite Things★
🕵️♂️My Custom Suits: https://bit.ly/2IeeB8W
👔My Ties: https://fave.co/2ImLY9I
📎My Tie Clips/Bars: https://amzn.to/2WIQ6EE
🔲My Pocket Squares: https://amzn.to/2UfsKtL
💈My Hair Product https://amzn.to/2Ui2aQx
📸My Video Camera Setup https://www.amazon.com/shop/legaleagle
-------------------------------------------------------------------------------
Summary from Law360:
A California federal judge on Tuesday tossed out a jury verdict that Katy Perry's 2013 song "Dark Horse" infringed an earlier Christian rap song, ruling that the tracks share only common musical elements that cannot be protected by copyright law.
Overturning a July verdict against the pop star, the judge ruled that the "ostinato" that Perry allegedly copied from a song called "Joyful Noise" was too basic for any one artist to monopolize.
"It is undisputed in this case, even viewing the evidence in the light most favorable to plaintiffs, that the signature elements of the 8-note ostinato in 'Joyful Noise' [are] not a particularly unique or rare combination," U.S. District Judge Christina A. Snyder wrote.
"The other elements present in plaintiff's 8-note ostinato also do not bring the combination within the ambit of copyright law's protection," the judge wrote.
Notably, Judge Snyder on multiple occasions cited last week's decision by the Ninth Circuit on "Stairway To Heaven," including one portion that said musical "building blocks belong in the public domain."
The ruling went against a hip-hop artist named Flame, who sued Perry in 2014 on the accusation that she had lifted material from "Joyful Noise" when she wrote "Dark Horse," a 2013 song on her album Prism. In July, a California federal judge agreed, later ordering Perry to pay $2.8 million in damages.
Following the decision undoing that verdict, an attorney for Flame — legal name Marcus Gray — vowed to appeal the outcome.
"Back last summer when the jurors returned a unanimous verdict of infringement, I cautioned my clients that we had only finished Round 11 of a 15-round match and that the next round would take place in the court of appeals," Michael A. Kahn, attorney for Flame, told Law360. "We believe the jury was right and will do our best to restore their verdict on appeal."
An attorney for Perry and other defendants did not return a request for comment.
In post-trial motions that led to Tuesday's ruling, Perry argued that the ostinato featured in both "Dark Horse" and "Joyful Noise" was a "commonplace expression" that "no creator can monopolize."
-------------------------------------------------------------------------------
Welcome to Real Law Review by LegalEagle; a series where I try to tackle the most important legal issues of the day. If you have a suggestion for the next topic leave your comment below.
And if you disagree, be sure to leave your comment in the form of an OBJECTION!
Remember to make your comments Stella-appropriate. Stella is the LegalBeagle and she wields the gavel of justice. DO NOT MESS WITH STELLA.
★More series on LegalEagle★
Real Lawyer Reacts: https://goo.gl/hw9vcE
Laws Broken: https://goo.gl/PJw3vK
Law 101: https://goo.gl/rrzFw3
Real Law Review: https://goo.gl/NHUoqc
All clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).
Typical legal disclaimer from a lawyer (occupational hazard): This is not legal advice, nor can I give you legal advice. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. Also, some of the links in this post may be affiliate links, meaning, at no cost to you, I will earn a small commission if you click through and make a purchase. But if you click, it really helps me make more of these videos!
========================================================
★ Tweet me @legaleagleDJ https://twitter.com/legaleagleDJ
★ More vids on Facebook: ➜ https://www.facebook.com/legaleaglereacts
★ Stella’s Insta: https://www.instagram.com/stellathelegalbeagle
★ For promotional inquiries please reach out here: legaleagle@standard.tv
Видео How Led Zeppelin Saved Katy Perry and Extinguished Flame ft. Adam Neely (Real Law Review) канала LegalEagle
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