Trial in suit by Christian rapper against Katy Perry wraps up

LOS ANGELES -- A federal jury heard closing arguments Thursday in a case to determine whether pop star Katy Perry and her producers stole aspects of their song "Dark Horse" from a preexisting song by a Christian rapper.

Michael Kahn of St. Louis-based Capes, Sokol, Goodman & Sarachan PC, who represents the rapper, told the jury defendants rarely directly admit plagiarism and such evidence is unnecessary to prove his client's case.

Instead, Kahn said the case relied on circumstantial evidence the jury heard from experts and their own intrinsic sense of whether the two songs shared significant aspects through hearing them played.

"They all denied that there was any copying going on," Kahn said, referring to testimony from Perry and several high-profile producers attached to her song "Dark Horse."

The plaintiff, Marcus Gray, who uses the artistic name FLAME, alleged Perry's song is partially cribbed from his song, "Joyful Noise." Marcus Gray et al. v. Katy Perry et al., 15-CV05642 (C.D. Cal., filed July 1, 2014).

Defense attorney Christine Lepera, a partner at Mitchell Silberberg & Knupp LLP, countered in her closing argument the plaintiffs were attempting to monopolize basic musical structures.

"In reality, what they're trying to do is own the basic building blocks of music," Lepera said.

Both sides agreed that the plaintiff's case relied on their assertion that "Joyful Noise" had been widely enough distributed that one of the people attached to the production of "Dark Horse" could reasonably have heard it, even inadvertently, and plagiarized aspects of the music.

"They've hung their whole case on this thin thread of widespread dissemination theory," Lepera said, telling the jury that the plaintiffs had not produced any financial receipts from FLAME concerts or ticket sales that might further their claim.

Kahn told the jury Gray had performed in venues all over the country including shows at an NBA halftime show and a military base, but focused on the prior assertion that "Joyful Noise" had been heard millions of times online.

"You can show access by showing the song was widely disseminated," Kahn said, further noting "Joyful Noise" had been nominated for a Grammy award, as well as two Christian music awards, the Stellar and Dove awards in 2009.

He also said the song's presence on the gospel section of Billboard music charts meant that the hitmakers who made "Dark Horse" could have heard the song while monitoring music charts, although each producer specifically denied monitoring Christian music charts.

Lepera countered these arguments by noting the vast scope of the internet and the unlikelihood that a professional producer would accidentally stumble upon a relatively unpopular song in a genre they had no interest in. She pointed out that Billboard maintains more than 200 charts measuring the popularity of nearly every genre of music, a reality she said made the plaintiffs' premise even less likely.

"Just because you're in an industry doesn't mean you have your finger on the pulse of its every aspect," Lepera said. She told the jury that there was no sales data available for "Joyful Noise" and even producers who worked on the song had said in depositions that they had never heard it played on the radio.

U.S. District Judge Christina A. Snyder of Los Angeles instructed the jury before closing arguments.

Both sides rested following their closing arguments,