Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comKey Contacts
Back
For the second time in recent years, Katy Perry has been accused of plagiarizing a melody for one of her popular songs.
The culprit this time? Her hit single “Dark Horse”. Four Christian hip-hop artists, including Marcus Gray, pka Flame; Lecrae Moore, pka Lecrae; Emanuel Lambert and Chike Ojukwu alleged that Perry ripped off the tune to their song, “Joyful Noise”.
The rappers are mad about more than just the alleged theft of the tune. They are also claiming that “Dark Horse” ruined the tune as a result of its association with Perry’s music video, which includes images of “witchcraft”, “paganism”, and “black magic”. The melody in question consists of one note, the minor third, repeated four times, then another note, the minor second, which is repeated three times. For a comparison, here is Katy Perry’s Dark Horse and Flame’s Joyful Noise.
The two songs clearly sound very different, but a comparison of the notes can be seen over at The Guardian. DJ Cho’zyn Boy, who works for Marcus Gray and first detected the similarity, explained to The Guardian that the melodies sound “identical” when you change their tempos and bring Perry’s down one octave.
Music plagiarism
Plagiarism is frequently an issue in the music industry for obvious reasons. Most musicians start off by playing other artists’ music and as they develop, they end up borrowing from those who have gone before. Without this kind of borrowing, there would be no genres or traditions in the music industry.
Artists generally accept that all music includes patterns and formal sets of rules – particularly when working within the limited number of notes on the western musical scale. For this reason, accidental plagiarism is accepted as a legitimate possibility, a factor that makes it distinct from many other forms of plagiarism.
The problem comes into play when artists go past borrowing and into the territory of outright theft. Accidental plagiarism makes it very difficult to prove that an artist intentionally stole part of a song, and so U.S. copyright law requires that plaintiffs can prove “access” and “similarity”. Access means here that the defendant had heard the song at some point before creating his or her song and similarity means that both songs share unique musical components.
Joyful Noise was released to the public in 2008 on a Grammy-nominated album, and received a Dove Award nomination itself. While this doesn’t explicitly prove that Perry heard the song – she absolutely had access to it. The songs also share questionably similar musical components. Whether or not these components are unique is likely to be a major question in court.
A ruling for the plaintiffs would allow the previously little-known hip-hop group to see some or all of the proceeds for a song that remained in the No. 1 spot on the Billboard charts for weeks in January and which Perry has performed live numerous times.
See also, the other piece I wrote about Katy Perry regarding her latest lawsuit:
- Katy Perry Sues Over $2 Million ‘Oral Agreement’ Made with European Brand
- Industries: Entertainment & Media
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Author: Scarinci Hollenbeck, LLC
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
Author: Dan Brecher
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
Author: Ronald S. Bienstock
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
Author: Patrick T. Conlon
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Katy Perry and Music Plagiarism
Author: Scarinci Hollenbeck, LLC
For the second time in recent years, Katy Perry has been accused of plagiarizing a melody for one of her popular songs.
The culprit this time? Her hit single “Dark Horse”. Four Christian hip-hop artists, including Marcus Gray, pka Flame; Lecrae Moore, pka Lecrae; Emanuel Lambert and Chike Ojukwu alleged that Perry ripped off the tune to their song, “Joyful Noise”.
The rappers are mad about more than just the alleged theft of the tune. They are also claiming that “Dark Horse” ruined the tune as a result of its association with Perry’s music video, which includes images of “witchcraft”, “paganism”, and “black magic”. The melody in question consists of one note, the minor third, repeated four times, then another note, the minor second, which is repeated three times. For a comparison, here is Katy Perry’s Dark Horse and Flame’s Joyful Noise.
The two songs clearly sound very different, but a comparison of the notes can be seen over at The Guardian. DJ Cho’zyn Boy, who works for Marcus Gray and first detected the similarity, explained to The Guardian that the melodies sound “identical” when you change their tempos and bring Perry’s down one octave.
Music plagiarism
Plagiarism is frequently an issue in the music industry for obvious reasons. Most musicians start off by playing other artists’ music and as they develop, they end up borrowing from those who have gone before. Without this kind of borrowing, there would be no genres or traditions in the music industry.
Artists generally accept that all music includes patterns and formal sets of rules – particularly when working within the limited number of notes on the western musical scale. For this reason, accidental plagiarism is accepted as a legitimate possibility, a factor that makes it distinct from many other forms of plagiarism.
The problem comes into play when artists go past borrowing and into the territory of outright theft. Accidental plagiarism makes it very difficult to prove that an artist intentionally stole part of a song, and so U.S. copyright law requires that plaintiffs can prove “access” and “similarity”. Access means here that the defendant had heard the song at some point before creating his or her song and similarity means that both songs share unique musical components.
Joyful Noise was released to the public in 2008 on a Grammy-nominated album, and received a Dove Award nomination itself. While this doesn’t explicitly prove that Perry heard the song – she absolutely had access to it. The songs also share questionably similar musical components. Whether or not these components are unique is likely to be a major question in court.
A ruling for the plaintiffs would allow the previously little-known hip-hop group to see some or all of the proceeds for a song that remained in the No. 1 spot on the Billboard charts for weeks in January and which Perry has performed live numerous times.
See also, the other piece I wrote about Katy Perry regarding her latest lawsuit:
- Katy Perry Sues Over $2 Million ‘Oral Agreement’ Made with European Brand