Streaming Music May Make Cases Like Katy Perry's More Common

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Are cases like KatyPerry's the new norm because of streaming music? Find out!

and the team that wrote her 2013 hit “Dark Horse” may have heard his song and stole from it, Christian rapper’s primary evidence was that his 2009 song, “Joyful Noise” had plays in the millions on YouTube and Spotify.over Perry and her co-writers on Thursday, must prove that the artist who stole from them had a reasonable opportunity to hear a song that was widely disseminated, a principle lawyers simply refer to as “access.

Courts have long seen a steady stream of similar lawsuits filed by minor artists against major ones alleging song theft. Traditionally many of them have been thrown out simply because the plaintiff had no way of proving the artist heard their song, unless they had given them a tape, opened for them in concert or had some similar proof.

“The wider spread something is,” Foster said, “the easier it is to show that they either did or could have had access to it.”Gray’s attorneys did make other arguments for ways Perry or one of her co-writers may have heard the song, including some radio play, concerts in public spaces and the recording being played in arenas and similar venues.

Perry’s team called the decision a “travesty of justice,” saying it’s dangerous to music and creativity for such cases to prevail on such thin evidence.They have already filed a motion for the trial judge to throw out the verdict that will get a hearing, and they will almost certainly appeal to a higher court where the broad decision made by the jury could be severely tested.

 

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