National Entertainment
Jury to decide damages owed by Katy Perry for ‘Dark Horse’
LOS ANGELES — A jury’s verdict that Katy Perry’s 2013 hit “Dark Horse” improperly copied a 2009 Christian rap song represents a rare takedown of a pop superstar and her elite producer by a relatively unknown artist, and sets up a battle over damages that will begin Tuesday.
Monday’s unanimous verdict by a nine-member federal jury in a Los Angeles courtroom came five years after Marcus Gray and two co-authors, first sued in 2014 alleging “Dark Horse” stole from “Joyful Noise,” a song Gray released under the stage name Flame.
The penalty phase is scheduled begin Tuesday with opening arguments, and will ultimately determine how much Perry and other defendants owe for copyright infringement. Testimony will give jurors a peek into the finances behind “Dark Horse,” a hit single that earned Perry a Grammy nomination and was the second song in her elaborate 2015 Super Bowl halftime performance.
Questions from the jury during two days of deliberations had suggested that they might find only some of the defendants liable for copyright infringement. The case focused on the notes and beats of the song, not its lyrics or recording, and the questions suggested that Perry might be off the hook.
But in a decision that left many in the courtroom surprised, jurors found all six songwriters and all four corporations that released and distributed the songs were liable, including Perry and Sarah Hudson, who wrote only the song’s words, and Juicy J, who only wrote the rap he provided for the song. Perry was not present when the verdict was read.
Other defendants found liable were Capitol Records as well as Perry’s producers: Dr. Luke, Max Martin and Cirkut, who came up with the song’s beat.
Gray’s attorneys argued that the beat and instrumental line featured through nearly half of “Dark Horse” are substantially similar to those of “Joyful Noise.” Gray wrote the song with his co-plaintiffs Emanuel Lambert and Chike Ojukwu.
“Dark Horse,” a hybrid of pop, trap and hip-hop sounds that was the third single of Perry’s 2013 album “Prism,” spent four weeks atop the Billboard Hot 100 in early 2014.
Her attorneys argued that the song sections in question represent the kind of simple musical elements that if found to be subject to copyright would hurt music and all songwriters.
“They’re trying to own basic building blocks of music, the alphabet of music that should be available to everyone,” Perry’s lawyer Christine Lepera said during closing arguments Thursday.
The defendants’ musical expert testified that the musical patterns in dispute were as simple as “Mary Had a Little Lamb.”
But the jury of six women and three men disagreed, finding that the bumping beat and riff at the centre of “Joyful Noise” were original enough to be copyrighted.
Perry and the song’s co-authors testified during the seven-day trial that none of them had heard the song or heard of Gray before the lawsuit, nor did they listen to Christian music.
Gray’s attorneys had only to demonstrate, however, that “Joyful Noise” had wide dissemination and could have been heard by Perry and her co-authors. They provided as evidence that it had millions of plays on YouTube and Spotify, and that the album it’s included on was nominated for a Grammy.
“They’re trying to shove Mr. Gray into some gospel music alleyway that no one ever visits,” said plaintiffs’ attorney Michael A. Kahn during closing arguments, when he also pointed out that Perry had begun her career as a Christian artist.
Jurors agreed, finding that the song was distributed widely enough that the “Dark Horse” writers may well have heard it.
Kahn and Gray declined comment but smiled as they left the courtroom after the verdict.
Lepera and other defence attorneys also declined comment outside court. Perry’s publicist did not immediately return an email message seeking comment Monday evening.
Perry, a 34-year-old pop superstar and “American Idol” judge, brought laughs to the proceedings when she testified during its second day when her lawyers were having technical troubles getting “Dark Horse” to play in the courtroom.
“I could perform it live,” Perry said.
No performance was necessary after the audio issues were fixed. Jurors heard both songs played back-to-back in their entirety at the end of closing arguments last week.
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Follow AP Entertainment Writer Andrew Dalton on Twitter: https://twitter.com/andyjamesdalton .
Andrew Dalton, The Associated Press
Alberta
Province adds $335 million over three years to attract more investment from Hollywood
Action! for Alberta’s film and television industry
Alberta’s screen-based sector has momentum, and Alberta’s government is helping to make the province a magnet for the job-creating film and television industry.
In 2020, Alberta’s government launched the Film and Television Tax Credit, causing the province’s film and television industry to grow in size and reputation. Since then, Alberta has attracted 129 productions with a total production value of $1.7 billion. This growth has resulted in approximately 9,000 direct and indirect jobs for Albertans.
To keep this momentum going, Alberta’s government continues to make changes to the program and increase investment in it. One year after the tax credit was launched, the cap was raised, resulting in a doubling of the province’s film and television sector. Now, Alberta’s government is increasing its investment to a total of $335 million over three years to continue attracting the attention and investment dollars of Hollywood.
“Alberta is experiencing exponential growth in our film and television sector, and we are well on our way to becoming a top Canadian jurisdiction for producers from around the world. Since the introduction of the Film and Television Tax Credit, the film and television sector in Alberta has doubled. Productions reach every part of Alberta – big cities, small towns and rural locations – and use local resources, businesses, accommodations and contractors, supporting thousands of jobs.”
As the province’s film and television industry grows, so does the quality and number of Alberta-made productions. To help grow and promote local talent and productions, Alberta’s government is also doubling the funding to the Alberta Made Screen Industries Program. This funding will support local producers and attract productions from around the world to set up shop in Alberta.
“Alberta-made film and television productions showcase Alberta’s unique culture, breathtaking landscapes and stories to audiences across the globe. We are increasing our support to smaller productions because they provide a unique Alberta-made training ground for emerging talent and create local, highly skilled workers in the sector.”
The Film and Television Tax Credit and Alberta Made Screen Industries Program work together to showcase the beauty and diversity of Alberta, create jobs, diversify the economy and support hospitality, service and tourism in the province. These targeted incentives to the film and television industries are helping to ensure Alberta remains the economic engine of Canada for years to come and the next film and television hub.
“The tax credit is central to the success of the industry. This is a competitive industry globally, and here in Alberta we’re fortunate we had the cap removed. Now we can see productions with budgets from $100,000 to well over $100 million. Now that we have a robust production environment, there are more opportunities for people to have well-paying creative jobs.”
“The Alberta government has provided supports for the film and television industry that provide certainty. It gives us more flexibility in how we’re moving forward in our film and television work and the way that we’re running our businesses.”
“Seeing the increase to the Alberta Made Production Grant in the last budget has been fantastic. It will help grow the local industry, which means so much to local performers because that’s where they build their resumés. It allows them to be a working performer, and not take side jobs or a day job somewhere else, and really focus on their craft.”
Quick facts
- According to Statistics Canada data:
- Every $1 million of production activity in the screen-based production sector creates about 13 Alberta jobs.
- Every $1 million of government investment under the Film and Television Tax Credit program is expected to support about 85 Alberta jobs.
- The film and television industry is experiencing significant growth nationally and globally.
- Every year, Alberta graduates more than 3,000 creative industry professionals from its post-secondary institutions.
- The production workforce has grown 71 per cent from 2017, or by about 4,000 workers across all positions.
- Alberta’s Film and Television Tax Credit supports medium- and large-scale productions with costs over $499,999 through a refundable tax credit on eligible Alberta production and labour costs to corporations that produce films, television series and other eligible screen-based productions.
- The Alberta Made Production Grant supports productions with a budget of up to $499,999.
- The Alberta Made Screen Industries Program, through the Alberta Made Production Grant, supports smaller productions that do not qualify for the tax credit, covering 25 per cent of eligible Alberta production costs to a maximum of $125,000.
- Every $1 investment in the Alberta Made Production Grant program generates an additional $4 in economic return.
Alberta
Edmonton to host “Road to the JUNOS Concert Series” leading up to Juno Awards week
From Explore Edmonton
Road to The JUNOS Concert Series Builds Excitement to JUNO Week.
Access and Diversity Key for Fans and Artists.
The JUNOS 2023 Host Committee is excited to announce an Edmonton-based concert series, titled Road to The JUNOS, as a lead-up to The 52nd Annual JUNO Awards Broadcast and JUNO Week from March 9-13.
The concert series will be set in small, intimate venues around Edmonton and feature local and regional artists who one day may end up on the JUNOS stage. Road to The JUNOS is a collaboration between the JUNOS 2023 Edmonton Host Committee, CBC Music and Explore Edmonton. It aims to provide excitement and create momentum leading into Canada’s biggest celebration of music.
The 10-show concert series will run from Monday, February 6 through Tuesday, February 28 at local venues in Edmonton. Of note, the artists playing these events come from a wide variety of backgrounds and genres and offer an opportunity to see some of Canada’s newest and most exciting talent. Fans can be a part of an intimate JUNOS concert with an affordable advance ticket price of only $10.
Road to The JUNOS is possible thanks in part to federal funding through PrairiesCan’s Tourism Relief Fund. This Fund is positioning Canada as a destination of choice for domestic and international travel. PrairiesCan administers the Fund in Alberta.
“Edmonton is a vibrant and dynamic cultural hub and our government’s support for Road to The JUNOS will bring that experience to visitors from across Canada and around the globe. Through the Tourism Relief Fund and our partnership with organizations such as Explore Edmonton, communities across Canada will capitalize on the jobs and economic activity generated through Edmonton’s growing tourism industry.”
– The Honourable Dan Vandal, Minister for PrairiesCan
“Road to The JUNOS is an important step in positioning Edmonton as an all-season destination and celebrating our community’s business and arts districts. I’m proud to see our government supporting Edmonton to build on its leadership in arts and culture while strengthening local tourism activity that benefits businesses in our city.”
– The Honourable Randy Boissonnault, Minister of Tourism and Associate Minister of Finance
“Road to The JUNOS is an exciting opportunity to grow Alberta’s music industry, showcasing local talent to visitors from all parts of Canada. The Alberta government is proud to support this series of concerts that features Alberta’s talent on stage as well as the venues, promoters and other music professionals.”
– The Honourable Jason Luan, Alberta Minister of Culture
“Canada has a long history of producing exceptionally talented musicians. The Road to The JUNOS concert series hopes to help give a platform to some of our up-and-coming artists and audiences a chance to say ‘we saw them when’.”
– Aimée Hill, co-chair, 2023 Host Committee
“Explore Edmonton is proud to support The JUNO Awards in March and we are delighted to be a part of this grassroots concert series. Promoting our local music venues, supporting talented Canadian musicians, and giving Edmontonians quality music experiences at an affordable price is such an important piece to the whole JUNOS experience. And we get to show off a little for the rest of Canada!”
– Traci Bednard, CEO of Explore Edmonton
The JUNOS Experience starts here. For more information and to buy tickets, visit: https://edmonton.junoawards.
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