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LOS ANGELES (AP) — Katy Perry, her collaborators and her record label must pay more than .78 million because the pop star's 2013 hit "Dark Horse" copied a 2009 Christian rap song, a federal jury decided Thursday.It was an underdog victory for rapper Marcus Gray, a relatively obscure artist once known as Flame, whose 5-year-old lawsuit survived constant court challenges and a trial against top-flight attorneys for Perry and the five other music-industry heavyweights who wrote her song.The amount fell well short of the nearly million sought by attorneys for Gray and the two co-writers of "Joyful Noise" — Emanuel Lambert and Chike Ojukwu — but they said they were pleased."We weren't here seeking to punish anyone," said Gray's attorney, Michael A. Kahn. "Our clients came here seeking justice, and they feel they received justice from a jury of their peers."Perry herself was hit for just over 0,000, with Capitol Records responsible for the biggest part of the award — .2 million. Defense attorneys had argued for an overall award of about 0,000.Perry's attorney, Christine Lepera, said they plan to vigorously fight the decision."The writers of Dark Horse consider this a travesty of justice," Lepera said."Dark Horse," which combines elements of pop, hip-hop and trap styles, was a mega-hit for the Santa Barbara, California-born singer, with its call-and-response chorus of "Are you ready for (ready for), a perfect storm (perfect storm)?"It spent four weeks at No. 1 on Billboard's Hot 100 in early 2014, and Perry would later perform it at the Super Bowl.Gray, a native of St. Louis, sued later in 2014. His song of earnest and ebullient praise stood in stark contrast to the playful black magic evoked by "Dark Horse," and an early version of the lawsuit faulted Perry's song for tainting the sanctity of his.The two-week trial had two phases: One about music, one about money.Perry took the witness stand on the first day of testimony. She testified, as her co-writers would, that she had never heard of Gray or Flame or "Joyful Noise" until he sued.She got a rare laugh from the courtroom when her attorneys were struggling with technical issues as they tried to play a part of "Dark Horse.""I could perform it for you live," said Perry, who did not appear in court for the rest of the trial.The jury heard testimony from musicologists on the disputed section of the two songs — a piece of the musical backing track that plays during the verses of "Dark Horse" and throughout almost all of "Joyful Noise."While jurors were told to consider only those sections, they gave a surprisingly sweeping verdict Monday that held all six songwriters responsible for copying "Joyful Noise." That included Perry, who wrote only lyrics, her co-lyricist Sarah Hudson, and Juicy J, who only provided a rap verse for the song.The instrumental track that was most at issue was created by Dr. Luke, Max Martin and Circuit.During closing arguments earlier Thursday, Gray's attorneys said that because the relevant riff plays through 45 percent of "Dark Horse," the plaintiffs should get 45 percent of its earnings, including every album that included it. They put those overall earnings at million, thus seeking nearly million.The defense argued that only fractions of the album earnings should count for the single song and that considerable promotional expenses paid by Capitol Records should be subtracted.Gray's attorneys said those expenses were gratuitous, pointing out to jurors that they included ,000 for a hairstylist for Perry for one awards show and nearly ,000 for flashing cocktail ice cubes.The nine jurors deliberated for two full days to reach their initial verdict but took just a few hours to decide on dollar amounts.Perry's five co-writers were each given penalties to pay that ranged from about ,000 for Dr. Luke to more than 0,000 for Martin.The jurors decided that the instrumental riff the two sides were fighting over was responsible for 22.5 percent of the success of "Dark Horse" and handed out the awards accordingly.The defendants' fight against the decision will begin immediately. U.S. District Judge Christina A. Snyder, who presided over the trial, will now consider a motion to throw out the case.Lepera, Perry's attorney, said outside court that the plaintiffs presented no evidence of copyright infringement, no evidence that the songwriters had access to "Joyful Noise" and no evidence the songs that were substantially similar."The only matter in common is an unprotectable C and a B note, repeated," Lepera said. "We've been receiving outcry from people all over the world, including other musicologists."If the judge upholds the verdict, the case will almost certainly head to an appeals court, where jury awards in similar cases have often been changed or thrown out in recent years.In the case of another 2013 mega-hit, "Blurred Lines," a jury found singers Robin Thicke and Pharrell Williams copied R&B legend Marvin Gaye's "Got to Give it Up" and ordered them to pay Gaye's children nearly .4 million. The award was trimmed on appeal last year to just short of million.Kahn said he would be happy to keep up the battle."We think this is a fair and a just result, and we will defend it no matter how they fight it," he said. 5314
LONDON – Dave Prowse, the actor who physically portrayed Darth Vader in the original “Star Wars” trilogy, has died at the age of 85.Prowse’s management company, Bowington Management, made the announcement on Twitter early Sunday morning.“It's with great regret and heart-wrenching sadness for us and million(s) of fans around the world, to announce that our client DAVE PROWSE M.B.E. has passed away at the age of 85,” wrote the company.Agent Thomas Bowington told The Associated Press that Prowse died after battling a short illness."May the force be with him, always!" Bowington said to the BBC in a statement.In the 1970s, the AP reports that “Star Wars” director George Lucas asked the 6-foot-6 inch tall actor to audition for Vader or the wookie Chewbacca. Prowse ended up choosing Vader, telling the BBC that “you always remember the bad guys.”With James Earl Jones providing the voice of Vader, Prowse provided the towering frame for the black suit that brought the iconic character to life.“Star Wars” co-star Mark Hamill reacted to the Prowse’s death on Twitter, saying he was much more than just the man who played Vader.So sad to hear David Prowse has passed. He was a kind man & much more than Darth Vader. Actor-Husband-Father-Member of the Order of the British Empire-3 time British Weightlifting Champion & Safety Icon the Green Cross Code Man. He loved his fans as much as they loved him. #RIP pic.twitter.com/VbDrGu6iBz— Mark Hamill (@HamillHimself) November 29, 2020 Along with his work on “Star Wars” films, Prowse made his mark on the sport of weightlifting, representing England at the Commonwealth Games in the 1950s.Prowse was also known in the U.K. for portraying the Green Cross Code Man in public-service advertisements to help children get across the street safely. For that work, he earned an MBE in 2000. That stands for Most Excellent Order of the British Empire. 1909

LOS ANGELES (AP) — Lawyers for a church with more than 160 congregations across California say they will seek an immediate court order allowing indoor worship after the Supreme Court told a lower federal court to reexamine state coronavirus restrictions on church services. The victory Thursday for Pasadena-based Harvest Rock Church and Harvest International Ministry follows a recent high court ruling in favor of churches and synagogues in New York. “The bottom line result is that where the court needs to go is inevitable,” said Attorney Mathew Staver, who represents the church. “What the court did last week and what they did today, it’s a whole new landscape and I think they’ve telegraphed quite clearly the direction they’re going.”RELATED: San Diego County issues COVID-19 outbreak notices for two more Awaken Church locationsThe Supreme Court order came the day after restaurants gained some traction in their challenge to a Los Angeles County ban on outdoor dining. The cases represent rare gains in legal challenges of COVID-19 regulations. 1062
LONG BEACH (CNS) - A woman was killed early Monday afternoon by a man who used a scooter to assault her on a street in Long Beach.Officers responded about 12:30 p.m. to a report of an assault with a deadly weapon in the 6400 block of North Obispo Avenue, according to Long Beach Police Department Public Information Officer Shaunna Dandoy.``The victim is believed to be a female adult who was walking eastbound towards Obispo and 64th (Street)'' when a man ran up and began assaulting her, Dandoy said.A bystander tried to help, at which time the suspect grabbed a scooter and used it to continue attacking the woman, according to Dandoy.The suspect was last seen running west from the location on foot. Fire department personnel responded and pronounced the woman dead at the scene, Dandoy said. Her name and age were not immediately available.Homicide detectives were investigating the fatal assault. 910
LOS ANGELES (CNS) - Adopters from across North America will travel to LAX Sunday to welcome some very special new members of their families — dogs rescued from the Chinese dog-meat trade.Two flights will arrive Sunday carrying a total of 27 canines, who will find loving homes in the United States and Canada thanks to the efforts of No Dogs Left Behind — a nonprofit group that rescues dogs from slaughterhouses, dog meat trucks, wet markets, and illegal dog traffickers.Eighteen of the dogs are beagles, and they'll be staying with fosters who work with The Beagle Freedom Project, which is sponsoring the flight along with NDLB and New York-based Rescue Paw Foundation.The remaining nine dogs have already been adopted. They were chosen via emails, phone calls, and even video chats, and will be greeted at the airport on Sunday by their new families, including some who have waited almost a year to meet their new furry friends."It takes a special person to fall in love with one of these sweet survivors over pictures and videos," Brandy Cherven, NDLB's president of adoptions and transports, told City News Service. "They never gave up on their dogs, and we are forever grateful to them. We are overjoyed to finally get them home where they belong."Kristine Wallace, director of operations for NDLB, said Sunday "will be a very exciting and emotional time for everyone involved to see the survivors start their new life as cherished members of a new family."The second flight was arranged to accommodate two larger dogs, a Malamute named Timber and a three-legged Husky named Ingrid whose crates were too large to fit on the first flight.For all the dogs, it will mark the conclusion of a long ordeal that featured a post-rescue quarantine, an overseas flight, and Customs review at LAX.Jeffrey Beri, the driving force behind NDLB, has spent four years on the ground in China rescuing and rehabilitating dogs — the last 10 months under especially tough conditions amid the coronavirus pandemic.Once then animals are rescued, they are taken to NDLB's shelters in China, where they receive medical care, nutritional support, and physical and emotional rehabilitation to make them adoptable. NDLB currently has 150 rescued dogs at its shelters in Beijing, many rescued during the pandemic, and more transport flights are planned as soon as flight space allows.The Los Angeles flights follow two similar flights to JFK Airport in New York last month, where 79 dogs were welcomed by their adoptive families during the Thanksgiving holiday.According to NDLB, as many as 20 million dogs are slaughtered in China every year, most for human consumption and others because of the country's lack of animal welfare laws.The Beagle Freedom Project is a global animal rescue and advocacy nonprofit that is known for rescuing and re-homing animals used in experimental research.More information on the groups' rescue efforts can be viewed at bfp.org, and www.nodogsleftbehind.com. 2979
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