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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 (AP) — Madden NFL players will have the opportunity to see how Colin Kaepernick might fare if he was back on the field. EA Sports has announced that the company has partnered with Kaepernick and is including him in the latest version of Madden 21. Fans can sign Kaepernick as a free agent in franchise mode and put him at the helm of any NFL team, as well as including him on any team in the play now mode. The 32-year-old quarterback hasn't been offered a contract since he last played for the San Francisco 49ers in 2016, the same year he began kneeling during the national anthem to protest racial injustice. 631

LOS ANGELES (AP) — Warner Bros. says it is delaying the release of Christopher Nolan's sci-fi thriller "Tenet" until Aug. 12, the latest delay for a film that many theater owners were hoping would kick-start the coronavirus-delayed summer season. The delay moves "Tenet" out of July, a month many theater chains had been eyeing reopening. The delay comes as coronavirus cases are surging in many U.S. locales. Warner Bros. stressed the need for flexibility when the film is released. It will now arrive on a Wednesday, which the studio says it hopes will allow it to find an audience. 592
LOS ANGELES (CNS) - USC researchers have found the likely order in which COVID-19 symptoms first appear: fever, then cough and muscle pain, followed by nausea, and/or vomiting, and diarrhea, it was announced Thursday.Knowing the order of COVID-19's symptoms may help patients seek care promptly or decide sooner than later to self isolate, according to scientists at the USC Michelson Center for Convergent Bioscience. The information also may help doctors rule out other illnesses, or help doctors plan how to treat patients, and perhaps intervene earlier in the disease.The study, which appears in the journal Frontiers in Public Health, was led by doctoral candidate Joseph Larsen and scientists Peter Kuhn and James Hicks at the USC Michelson Center's Convergent Science Institute in Cancer."This order is especially important to know when we have overlapping cycles of illnesses like the flu that coincide with infections of COVID-19," said Kuhn, a USC professor of medicine, biomedical engineering, and aerospace and mechanical engineering. "Doctors can determine what steps to take to care for the patient, and they may prevent the patient's condition from worsening."Fever and cough are frequently associated with a variety of respiratory illnesses, including influenza, Middle East Respiratory Syndrome and Severe Acute Respiratory Syndrome. But the timing and symptoms in the upper and lower gastrointestinal tract set COVID-19 apart."Given that there are now better approaches to treatments for COVID- 19, identifying patients earlier could reduce hospitalization time," Larsen said.To determine COVID symptom chronology, the authors analyzed more than 55,000 confirmed coronavirus cases in China collected from Feb. 16 to Feb. 24 by the World Health Organization. They also studied a dataset of nearly 1,100 cases collected from Dec. 11 through Jan. 29 by the China Medical Treatment Expert Group via the National Health Commission of China.In addition, to compare the order of COVID-19 symptoms to influenza, the researchers examined data from 2,470 cases in North America, Europe and the Southern Hemisphere, which were reported to health authorities from 1994 to 1998."The order of the symptoms matter, " Larsen said. "Knowing that each illness progresses differently means that doctors can identify sooner whether someone likely has COVID-19, or another illness, which can help them make better treatment decisions." 2440
LOS ANGELES (CNS) - Another attempted launch of a satellite-carrying rocket from Vandenberg Air Force Base in Santa Barbara County was scrubbed Thursday, and mission managers said the launch won't happen until at least Dec. 30.It was the fifth time United Launch Alliance scrubbed the planned launch of the reconnaissance satellite, again frustrating Southern California residents hoping to enjoy the aerial light spectacular that evening launches from Vandenberg create.The launch had been scheduled for 5:31 p.m., but ULA announced shortly after 10 a.m. that the launch was being postponed. A launch attempt on Wednesday night was scrubbed just 10 minutes before liftoff due to a hydrogen leak on the Delta IV Heavy rocket, and it likely contributed to Thursday's delay as well.The #DeltaIV #NROL71 was scrubbed on Dec. 19 due to elevated hydrogen levels within the port booster engine section. The team is currently reviewing all data and set the next launch attempt no earlier than Dec. 30, 2018. pic.twitter.com/s1gSEeZBF9— ULA (@ulalaunch) December 20, 2018 1071
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