Marcus Gray v. Katy Perry

I. INTRODUCTION & BACKGROUND

This copyright infringement action concerns the allegation that an 8-note ostinato! from defendants’ song “Dark Horse” infringes upon the plaintiffs’ copyright in the musical composition of the 8-note ostinato in their song “Joyful Noise.” Following a jury trial, the jury found for the plaintiffs, awarded damages, and the Court entered judgment. Now before the Court are defendants’ renewed motions for judgment as a matter of law, or in the alternative for a new trial, as well as plaintiffs’ motion for prejudgment interest on its damages award.

An ostinato is a short musical phrase or rhythmic pattern repeated in a musical composition. See “Ostinato,” Encyclopaedia Brittanica (15th ed. 2013).

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘Oo’ □ □□□□ Case No. 2:15-CV-05642-CAS-JCx Date March 16, 2020 Title GRAY; ET AL. V. PERRY; ET AL. Plaintiffs Marcus Gray (P.K.A. Flame), Emanuel Lambert, and Chike Oyukwu filed the operative third amended complaint on November 1, 2016, naming defendants Katheryn Elizabeth Hudson (P.K.A. Katy Perry), Jordan Houston…