Dark Horse (Katy Perry song)

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On July 1, 2014, the St. Louis Post-Dispatch reported that Christian rapper Flame and others filed a lawsuit against Perry, Capitol Records, and Perry's co-writers for infringing copyright on the song "Joyful Noise", which appeared on the 2008 album Our World: Redeemed . [66] The producer, Chike Ojukwu, along with co-songwriter Da' T.R.U.T.H. were listed as co-plaintiffs. [67] [68] Cho'zyn Boy, a DJ for Flame in 2014, stated that Perry's song is "identical" to "Joyful Noise", but ten BPM slower in tempo and one step higher in pitch. [69] In addition to the infringement claims, the suit claimed that "by any measure, the devoutly religious message of 'Joyful Noise' has been irreparably tarnished by its association with the witchcraft, paganism, black magic, and Illuminati imagery evoked by the same music in 'Dark Horse'". [70] Rapper Lecrae, who is featured on the song and was initially included as a plaintiff in the lawsuit, clarified to MTV that "I was in Hong Kong [when] the press release went out and it's not my song — it's my guy Flame's song and I respect everyone's intellectual properties — but that statement about the witchcraft and stuff, that's not my statement and I don't stand behind that statement." [71] To divest himself from the lawsuit, Lecrae signed over his rights to the song to Flame, Da' T.R.U.T.H., and Ojukwu for free. [72]

In August 2018, Christina A. Snyder from the United States District Court for the Central District of California ruled against a summary judgment, arguing that the plaintiffs "demonstrated a triable issue of fact as to access because 'Joyful Noise' achieved critical success, including a Grammy nomination, and was readily available and viewed millions of times on YouTube and MySpace." [73] [74] She also deferred to the arguments of musicologist Todd Decker, who claimed that the songs share "five or six points of similarity"; specifically, the ostinatos in both songs are either identical or nearly so in their phrase length, rhythm, pitch content, and timbre. [72] [74] Perry and Dr. Luke countered with their own expert testimony from musicologist Lawrence Ferrara that the commonalities between the two songs are merely generic elements. [74] During the federal trial in July 2019, Perry, Dr. Luke, and Max Martin testified that they had never heard "Joyful Noise", and that of the trillions of videos uploaded to YouTube between 2009 and 2013, and their defense team attempted to demonstrate that "Joyful Noise" was not widely accessible to audiences. [68] [75] The lawyer for Flame and the other plaintiffs noted that Perry in the early 2000s started her career in Christian pop, to which Perry replied that even during that part of her career she was "mostly always listening to ... secular music anyway". [68] [67] [76]

Ferrara argued that "Dark Horse" contains elements common to countless songs, including the much older songs "Mary Had a Little Lamb", "Jolly Old St. Nicholas", and "Merrily We Roll Along". [68] [72] Decker claimed that the descending melodies of each ostinato are unique and that he had not "seen another piece that descends in the way these two do." [72] The attorney for Perry and fellow defendants accused Flame and the other plaintiffs of "trying to own basic building blocks of music, the alphabet of music that should be available to everyone." [68] Another argument from Perry and the other defendants was that because Ojukwu never registered the beat he produced and later licensed it to Flame, "Joyful Noise" was itself a derivative work. [68] [72] When Perry testified before the court, initially technical difficulties prevented her lawyers from playing "Dark Horse" in the courtroom, and Perry joked "I could perform it for you live." [67] [76] On July 29, 2019, a federal jury found that Perry, Juicy J, Dr. Luke, Max Martin, Cirkut, and Sarah Hudson were guilty of infringement, along with Capitol Records, Warner Bros. Music Publishing, Kobalt Publishing, and Kasz Money Inc. [67] [68] The jury awarded the plaintiffs $2.78 million, of which Perry herself was ordered to pay $550,000. [77]

Perry and the other defendants moved for judgment as a matter of law. [78] While the motion was under consideration, in early March 2020, the Ninth Circuit (of which the Central District of California is a part of) issued a ruling in a similar long-running lawsuit on whether Led Zeppelin's "Stairway to Heaven" violated the copyright of the song "Taurus" from the band Spirit. In its ruling, the Ninth found that "Stairway" did not violate the copyright of "Taurus", specifically overturning its "inverse ratio rule" which it had used in several previous cases. [79] Perry's lawyers took this ruling as part of their appeal to Judge Snyder. [80] On March 17, 2020, Judge Snyder overturned the jury award, citing numerous factors, including that the evidence given did not support the jury's award, and of the recent Ninth Circuit judgement. Snyder wrote "A relatively common 8-note combination of unprotected elements that happens to be played in a timbre common to a particular genre of music cannot be so original as to warrant copyright protection". Snyder vacated the jury's verdict and denied motions for a new trial, though stated that should the case be heard on appeal at the Ninth Circuit, that a new jury trial would be required. [81] [82] [83] The Ninth Circuit ruled 3–0 in March 2022 to affirm Snyder's decision in Perry's favor, stating that "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." [84]

Live performances

Perry performing "Dark Horse" at The Prismatic World Tour Katy Perry - The Prismatic (Newark) 06.jpg
Perry performing "Dark Horse" at The Prismatic World Tour

"Dark Horse" was first performed at the iHeartRadio Music Festival in Las Vegas on September 20, 2013. [85] It was later performed at the iTunes Festival in London. [86] Perry also performed the song with Juicy J at the We Can Survive event at the Hollywood Bowl on October 23. [87] Perry also performed "Dark Horse" on The Voice of Germany on December 13, 2013. [88] Perry and Juicy J performed the song at the 56th Annual Grammy Awards on January 26, 2014. The "dark and mysterious" performance featured a "haunted forest" design with animatronic horses, broomstick pole dances, and a controlled fire. [3] The singer also performed the song at the 2014 BRIT Awards and the performance featured a neon-colored Egyptian theme, like the music video. [89]

On February 1, 2015, the song was performed by Perry during the Super Bowl XLIX halftime show, where she was on a chessboard, with her dancers as chess pieces. It is regarded as the most technical performance in her halftime set. [90]

Usage in media

The song is used as the theme music for The Face Vietnam season 3. [91]

Credits and personnel

Credits adapted from Prism album liner notes. [92]

Formats and track listings

  1. "Dark Horse" (featuring TEE) – 3:35
  1. "Dark Horse" – 3:35
  2. "Dark Horse" (Johnson Somerset Remix) – 9:01

Charts

"Dark Horse"
DarkHorseCover.png
Single by Katy Perry featuring Juicy J
from the album Prism
ReleasedDecember 17, 2013
Studio
Genre
Length3:35
Label Capitol
Songwriter(s)
Producer(s)
Katy Perry singles chronology
"Unconditionally"
(2013)
"Dark Horse"
(2013)
"Birthday"
(2014)
Juicy J singles chronology
"Lolly"
(2013)
"Dark Horse"
(2013)
"Shell Shocked"
(2014)

Certifications

Certifications and sales for "Dark Horse"
RegionCertification Certified units/sales
Australia (ARIA) [196] 11× Platinum770,000
Austria (IFPI Austria) [197] 2× Platinum60,000*
Belgium (BEA) [198] Gold15,000*
Brazil (Pro-Música Brasil) [199] 8× Diamond2,000,000
Canada (Music Canada) [200] 3× Platinum391,000 [201]
France75,000 [202]
Germany (BVMI) [203] 3× Gold450,000
Italy (FIMI) [204] 3× Platinum90,000*
Mexico (AMPROFON) [205] 2× Platinum120,000*
New Zealand (RMNZ) [206] 4× Platinum120,000
Norway (IFPI Norway) [207] 5× Platinum300,000
Portugal (AFP) [208] Gold10,000
Spain (PROMUSICAE) [209] 2× Platinum120,000
Sweden (GLF) [210] 4× Platinum160,000
United Kingdom (BPI) [211] 2× Platinum1,700,000 [212]
United States (RIAA) [48] 11× Platinum11,000,000
Streaming
Denmark (IFPI Danmark) [213] 2× Platinum5,200,000
Spain (PROMUSICAE) [214] Platinum8,000,000
Summaries
Worldwide13,200,000 [4]

* Sales figures based on certification alone.
Sales+streaming figures based on certification alone.
Streaming-only figures based on certification alone.

Release history

Release dates and formats for "Dark Horse"
CountryDateFormatLabelRef.
VariousSeptember 17, 2013 [a] Digital download Capitol [21]
United StatesDecember 17, 2013 Contemporary hit radio [11]
Rhythmic contemporary radio [12]
FranceJanuary 6, 2014Radio airplay Universal [215]
ItalyFebruary 14, 2014 [216]
GermanyFebruary 28, 2014 CD Capitol [94]
United StatesMarch 11, 2014 Urban contemporary radio [217]
September 4, 2015Digital download [218]

See also

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References

Notes

  1. Release as a promotional single.

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