Case Summary - Perry v Gray

Case Overview

  • Parties Involved:

    • Plaintiffs-Appellants: Marcus Gray (PKA Flame), Emanuel Lambert, Chike Ojukwu

    • Defendants-Appellees: Katheryn Hudson (PKA Katy Perry), Jordan Houston (PKA Juicy J), Lukasz Gottwald (PKA Dr. Luke), and others

  • Court: U.S. Court of Appeals for the Ninth Circuit

  • Case Number: 20-55401

  • District Court Case Number: 2:15-cv-05642-CAS-JC

  • Judges: Circuit Judges Richard R. Clifton, Milan D. Smith, Jr., and Paul J. Watford

  • Opinion by: Judge Milan D. Smith, Jr.

  • Filing Dates:

    • Submitted: January 11, 2022

    • Filed: March 10, 2022

Summary of the Case

  • Subject Matter: Copyright Infringement

  • Background:

    • Plaintiffs claimed that an ostinato (repeating instrumental figure) in Hudson's song "Dark Horse" copied a similar ostinato from their song "Joyful Noise".

  • Initial Outcome: A jury found the defendants liable for copyright infringement, awarding $2.8 million in damages.

  • District Court Decision:

    • The district court vacated the jury’s verdict, granting judgment as a matter of law to the defendants on the basis that the ostinatos were not copyrightable original expression.

Legal Principles Regarding Copyright

  • Copyright Protection:

    • According to 17 U.S.C. § 102(a), copyright law protects works of authorship that are original.

    • Copyright only covers original expression, not ideas or common elements.

Key Terminology

  • Ostinato: A repeating instrumental figure in music.

  • Minor Scale: A seven-note scale that is fundamental in many musical compositions.

  • Chromatic Scale: A sequence of twelve pitches, each a half step apart.

Factual Background of the Case

  • Creation of Works:

    1. Joyful Noise:

    • Created by Ojukwu in 2007, sold to Gray, and included in the album "Our World Redeemed" in 2008.

    • Achieved significant viewership online, though it did not have mainstream success.

    1. Dark Horse:

    • Created in 2013, featured Hudson sampling various short musical fragments.

    • Became a commercial hit and involved in high-profile performances.

Comparison of the Ostinatos

  • Musical Features:

    • Both are based on the minor scale.

    • Dark Horse ostinato: 8 notes (3-3-3-3-2-2-1-5)

    • Joyful Noise ostinato: two patterns of 8 notes (3-3-3-3-2-2-2-1 and 3-3-3-3-2-2-2-6)

    • Both ostinatos depend on equal duration for each note, characterized by uniform rhythm.

Trial Proceedings

  • Trial Description:

    • Date: July 17, 2019 to August 1, 2019

    • Focus on circumstantial evidence rather than direct copying.

    • Testimony was primarily from expert musicologists.

  • Testimonies:

    • Dr. Todd Decker (plaintiffs’ expert): Asserted similarity in:

    1. Length of ostinatos (8 notes)

    2. Similar rhythm

    3. Melodic content

    4. Melodic shape

    5. Timbre (sound quality)

    • Dr. Lawrence Ferrara (defendants’ expert): Argued differences and common elements in musical tradition reviewed prior to Joyful Noise.

Legal Analysis and Reasoning

  • Judgment Standards: Evaluating evidence sufficiency, similar to a summary judgment motion.

  • Copyright Eligibility:

    • Originality test: Must analyze distinct protectable elements versus commonplace elements.

    • Established that elements highlighted by plaintiffs are common and therefore part of the public domain.

  • Dr. Decker's Admissions: Acknowledged individual elements significant but unprotectable under copyright.

Judgment and Conclusion

  • Final Outcome: Affirmed district court’s ruling; plaintiffs did not provide legally sufficient evidence for copyright infringement claims based on unprotectable features in both songs.

  • Implications: Reiterates the necessity for originality in copyright claims and emphasizes that commonplace musical elements cannot be copyrighted.

Court's Final Position

  • The finding concludes that the similarities attributed were due to commonplace elements. No substantial similarity meeting copyright law's originality requirement was demonstrated, reinforcing the need to protect unique, creative expression in music.

Amicus Briefs

  • Amici Curiae included several associations and groups supporting the arguments of either side; submitted to provide additional perspectives and context on copyright issues within the music industry.