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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) — A jury on Monday found that Katy Perry's 2013 hit "Dark Horse" improperly copied a 2009 Christian rap song, setting up arguments over how much the singer and other defendants will owe.Monday's decision returned by a nine-member federal jury in a Los Angeles courtroom came five years after Marcus Gray and two co-authors first sued alleging "Dark Horse" stole from "Joyful Noise," a song Gray released under the stage name Flame.The case now goes to a penalty phase, where the jury will decide how much the plaintiffs are owed for copyright infringement.Gray's attorneys argued that the beat and instrumental line featured through nearly half of "Dark Horse" are substantially similar to those of "Joyful Noise.""Dark Horse," a hybrid of pop, trap and hip-hop sounds that was the third single of Perry's 2013 album "Prism," spent four weeks atop the Billboard Hot 100 in early 2014, and earned Perry a Grammy nomination.Perry's attorneys argued that the song sections in question represent the kind of simple musical elements that if found to be subject to copyright would hurt music and all songwriters."They're trying to own basic building blocks of music, the alphabet of music that should be available to everyone," Perry's lawyer Christine Lepera said during closing arguments Thursday.Perry and the song's co-authors, including her producer Dr. Luke, testified during the seven-day trial that none of them had heard the song or heard of Gray before the lawsuit, nor did they listen to Christian music.Gray's attorneys had only to demonstrate, however, that "Joyful Noise" had wide dissemination and could have been heard by Perry and her co-authors, and provide as evidence that it had millions of plays on YouTube and Spotify, and that the album it's included on was nominated for a Grammy."They're trying to shove Mr. Gray into some gospel music alleyway that no one ever visits," said plaintiffs' attorney Michael A. Kahn during closing arguments, when he also pointed out that Perry had begun her career as a Christian artist.Kahn and Gray declined comment but smiled as they left the courtroom after the verdict.The 34-year-old pop superstar and "American Idol" judge brought laughs to the proceedings when she testified during its second day, and her lawyers were having technical troubles getting "Dark Horse" to play in the courtroom."I could perform it live," Perry said.No performance was necessary after the audio issues were fixed. Jurors heard both songs played back-to-back in their entirety at the end of closing arguments this week.Perry was not present for the reading of the verdict Monday afternoon. 2651
LOS ANGELES (CNS) - TV actress Lori Loughlin will serve her prison sentence at the federal correctional institution in Victorville for her role in the college admissions scandal, according to court papers obtained Thursday.A judge signed off on the actress' request to serve her time at the medium-security federal prison camp, according to a Sept. 9 order filed in Boston federal court.Loughlin's husband, clothing designer Mossimo Giannulli, will serve his sentence at the low-security federal prison for men at Lompoc in Santa Barbara County.Loughlin was sentenced on Aug. 21 to two months behind bars -- hours after her husband was handed a five-month term -- for paying 0,000 in bribes to get their daughters admitted to USC as crew team recruits, even though neither girl played the sport.U.S. District Judge Nathaniel M. Gorton ordered the "Full House" star and her husband to self-surrender at their respective prisons on Nov. 19 to begin serving their time.Loughlin was also ordered to pay a 0,000 fine and serve two years of supervised release with 100 hours of community service.Along with his prison term, Giannulli was ordered to pay a 0,000 fine and serve two years of supervised release with 250 hours of community service.Victorville prison camp inmates are housed in "open bay" dormitories, two and four-person cubicles, and four-person rooms. Job positions involve driving, working in food and trash services, plumbing, painting, grounds keeping and education. The institution also operates an auto parts warehouse employing three-dozen female inmates providing inventory services, according to the camp's website.At sentencing, Loughlin told the court that she had "made an awful decision. I went along with a plan to give my daughters an unfair advantage in the college admissions process."The couple were accused of paying half a million dollars in bribes to the admitted mastermind of the scheme, college admissions counselor Rick Singer, to get their daughters, Olivia Jade and Isabella Rose Giannulli, accepted into USC as crew recruits.After a year of insisting on their innocence, the 56-year-old actress pleaded guilty in May to one count of conspiracy to commit wire and mail fraud, while her husband pleaded guilty to one count of conspiracy to commit wire and mail fraud and honest services wire and mail fraud.As part of the scheme, they sent fake crew recruiting profiles to Singer that included bogus credentials, medals and photos of one of their daughters on a rowing machine. Neither daughter is now enrolled at USC.According to prosecutors, evidence shows that Giannulli, 57, was the more active participant in the scheme."He engaged more frequently with Singer, directed the bribe payments to USC and Singer, and personally confronted his daughter's high school counselor to prevent the scheme from being discovered, brazenly lying about his daughter's athletic abilities," federal prosecutors wrote."Loughlin took a less active role, but was nonetheless fully complicit, eagerly enlisting Singer a second time for her younger daughter, and coaching her daughter not to `say too much' to her high school's legitimate college counselor, lest he catch on to their fraud," they wrote.More than 50 people have been charged in the probe, which investigators dubbed operation "Varsity Blues." Of 38 parents charged, 26 have pleaded guilty and received sentences ranging from the two weeks given to "Desperate Housewives" star Felicity Huffman to a nine-month term imposed on Doug Hodge, former head of a Newport Beach-based bond management firm.Huffman was released Oct. 25 from a low-security federal prison camp in Northern California 11 days into a 14-day sentence for paying to have a proctor correct her daughter's answers on a college-entrance exam. 3804
LOS ANGELES (AP) — California health officials Tuesday urged consumers to stop vaping marijuana or tobacco products until investigators determine why hundreds of people nationwide have been sickened after using the devices.Ninety people with a history of vaping have been hospitalized for severe breathing problems and lung damage in the state, and two people have died. With no known cause, officials say consumers should refrain from vaping of any kind until investigations are completed."We are seeing something that we have not seen before," Acting State Public Health Officer Charity Dean said in a statement. "There are numerous unknown factors at this time, and due to the uncertainty of the exact cause, it is our recommendation that consumers refrain from vaping until the investigation has concluded."RELATED: Second vaping-related death in Kansas brings nationwide total to nineOver 500 cases have been reported across the U.S., and the Centers for Disease Control and Prevention is investigating the mysterious outbreak but has not yet identified a common electronic cigarette or ingredient as the culprit in the rash of illnesses.Symptoms can include chest pain, nausea, vomiting, diarrhea, fatigue, fever and weight loss.RELATED: 11 San Diego illnesses linked to vaping, officials sayIn its health advisory, the state Public Health Department specifically warned against using cannabis products from illegal dispensaries that could be holding tainted oil."Illegal cannabis dispensaries sell unregulated and untested cannabis products and absolutely should not be used," the agency said.RELATED: El Cajon to consider city ban on vapingLast week, Democratic Gov. Gavin Newsom announced that the state will spend million on a public awareness campaign about the dangers of vaping nicotine and cannabis products and step up efforts to halt the sale of illicit products.The Associated Press reported earlier this month that shops in downtown Los Angeles are openly selling packaging and hardware that can be used to produce counterfeit marijuana vapes that have infiltrated the state's cannabis marketplace. 2128
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