Judge tosses $2.8M verdict against Katy Perry

By Megan Stone

Looks like Katy Perry isn't chained to a multi-million dollar verdict against her anymore. A judge on Tuesday reversed the jury verdict that ruled that Perry pay $2.8 million to Christian rapper Flame for plagiarizing one of his songs.

U.S. District Court Judge Judge Christina Snyder overturned the original jury verdict, which had decided in July that Perry lifted certain elements from Flame's "Joyful Noise" to use in her song "Dark Horse."

Flame -- whose real name is Marcus Gray -- claimed his song was illegally sampled. While the jury may have found sufficient proof in his arguments to hand him a win, Judge Snyder found his entire case very weak.

Asanka Ratnayake/AP

FILE - In this Sunday, March 8, 2020, file photo, Katy Perry performs before the start of the Women's T20 World Cup cricket final match between Australia and India in Melbourne. A federal judge has given Perry a major victory in the dispute over her song "Dark Horse,"€ overturning a jury's verdict that found the pop superstar and her collaborators copied the 2013 hit "Dark Horse,"€ from a 2009 song by Christian rapper Marcus Gray.

The judge ruled that "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' ... is not a particularly unique or rare combination."

Simply put: while the songs may contain similar elements, the elements in question are not protected by copyright.

With the decision, Judge Snyder vacated the $2.8 ruling against Perry and even absolved her of paying any prejudgement interest -- saying it is "denied as moot."

Adding another blow to Flame, the judge also denied the Christian rapper from motioning for a new trial with the evidence he previously used against the "Roar" singer.

However, if he finds a way to prove he has absolute copyright over the elements he claims that Perry stole, he will be able to face her in court again.