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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
LOS ANGELES (CNS) - Gov. Gavin Newsom said Monday he understands the frustrations of people who have been protesting police brutality across the state, but he lashed out at those who are taking advantage of the unrest to engage in looting.Newsom also declined to directly respond to comments made by President Donald Trump in a conference call with the nation's governors Monday morning, in which the president called many of their responses to protests "weak.""I have a choice. We all have a choice," Newsom said. "I can be part of the daily back and forth in the news cycle, and to continue to perpetuate the problems that persist in this country. I can choose to go back and forth and just be another voice in that cause. Or I can choose to focus a message that I think is so much more powerful that I hope has more resonance for people watching, and that is I care more about them than some of the noise I heard on a morning phone call."RELATED: Looters smash windows, rob stores in downtown San DiegoNewsom expressed solidarity with protesters and their call for change in a system that has failed communities for generations."The black community is not responsible for what's happening in this country right now. We are," he said. "Our institutions are responsible. We are accountable to this moment."RELATED: La Mesa community comes together to clean up downtown after Saturday riotsBut he said he had no patience for those who are taking advantage of the protests to engage in lawlessness."When you're out there to exploit conditions, not advance the cause of justice -- that is not serving the greater good," he said. "And we need to also call that out. The looting, the violence, the threats against fellow human beings -- that has no place in this state and in this nation. We as a society need to call that out."RELATED: San Diego County law enforcement denounce George Floyd's deathHe said another 1,100 members of the National Guard have been called up to assist cities across the state cope with the protests and violence, bringing the total to about 4,500. But he said the state and nation as a whole need to do more than just respond to the protests on the streets."We are committed and resolved to bringing peace back to the streets, not only in the state but supporting efforts all across this nation," he said. "But it's not just a situational moment. we have to focus on the medium and long-term and we have to prove our commitment and our resolve in that space." 2492
Lorde has offered an apology after she was roasted for joking about Whitney Houston and a bathtub.The 21-year-old singer posted a now-deleted Instagram photo of a tub being filled with running water and captioned it, "And iiii will always love you," a lyric from Houston's 1992 recording of the Dolly Parton song "I Will Always Love You."Houston accidentally drowned in a bathtub in a suite at the Beverly Hilton in Beverly Hills, California, in February 2012.Some fans were incensed by the posting and took to social media to vent.Others defended Lorde and insisted the singer didn't mean to make a joke of Houston's death.The New Zealand native posted a note on her Instagram Stories to apologize."Extremely extremely poorly chosen quote. I'm so sorry for offending anyone," she wrote. "I hadn't even put this together I was just excited to take a bath.""I'm an idiot," Lorde added. "Love Whitney forever and ever. Sorry again."She even responded in the comments on the Instagram page of gossip site The Shade Room."I was meaning no disrespect and hadn't put anything together because I'm dumb and it's my day off," Lorde wrote. "SORRY." 1153
LOS ANGELES (CNS) - Denny's Inc. is being sued by a man who says he was eating at one of the dining chain's restaurants near downtown Los Angeles in 2018 when he was stabbed by a homeless man.Ralph Martinez maintains in his Los Angeles Superior Court lawsuit that Denny's management was aware of previous assaults at the location. He alleges negligence, premises liability, assault, battery and intentional infliction of emotional distress.A Denny's representative did not immediately reply to a request for comment on the complaint brought Friday. The plaintiff is seeking unspecified compensatory and punitive damages.According to his court papers, Martinez was having dinner alone at the Denny's in the 800 block of South Figueroa Street on June 24, 2018, when a homeless man entered the location and "immediately began making racial slurs at other customers and began harassing the other customers."The homeless man then approached Martinez and began hitting him before stabbing him several times with a knife, according to the lawsuit."At no point in time did defendant's staff intervene or even ask or escort the homeless man to leave," the suit says.Denny's did not have any security guards at the restaurant even though management knew of previous violent incidents there, the suit alleges. 1306
LONG BEACH, Calif. (CNS) — An allegedly drunken 29-year-old man who celebrated his birthday by riding a horse on the 91 Freeway is now behind bars.About 1 a.m. Saturday, a 911 caller alerted California Highway Patrol officers to the rider on a white Arabian horse, trotting eastbound along the freeway near Paramount Boulevard.Alcohol screening tests allegedly showed that Luis Alfredo Perez of Placentia had a blood-alcohol content of .21 percent, more than double the legal limit, according to a CHP report.RECORD-BREAKING DUI ARRESTS | CAR CHASE BEGINS ON 91 HWY | HORSE REUNITED WITH OWNER AFTER LILAC FIREThe horse, named ``Guera,'' was unharmed and released to the suspect's mother, who was on the scene quickly, according to KTLA5, which first reported the arrest.CHP posted on Twitter, advising the public, "No, you may not ride your horse on the freeway, and certainly not while intoxicated." 919