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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
LONDON — Shares in the company that owns the Regal, Cineworld and Picturehouse cinemas in the U.S. and Britain have fallen as much as 58% after it will temporarily close its venues after release of the latest James Bond film was postponed due to the pandemic. The company said the Bond delay left it with too few blockbusters to attract customers. Cineworld Group Plc said Monday that 536 Regal cinemas in the U.S. and 127 Cineworld and Picturehouse venues in the U.K. will close on Thursday. Some 45,000 employees are affected. The company says that with major markets such as New York closed and no guidance on when they will reopen, “studios have been reluctant to release their pipeline of new films.” 713
Live Nation, the parent company of Ticket Master and the owner of dozens of concert venues across the country, said in a press release Wednesday that it was working with local governments in the hopes that its venues could be used as polling places in the upcoming election.So far, Live Nation says that four of its concert venues — The Wiltern and Hollywood Palladium in Los Angeles, Emo’s in Austin and the Buckhead Theatre in Atlanta — will be used as polling stations this November. A fifth venue, The Fillmore in Philadelphia, "is in the final stages of the vetting process."In addition, the company says it is working with local officials across the country to "determine the feasibility" of using 100-plus Live Nation venues as polling places. Live Nation did not specify which locations were being considered, or how many venues they believed would be approved as polling locations.Live Nation added it was partnering with More Than A Vote in their efforts to expand polling locations. More Than A Vote is a coalition of Black athletes led by LeBron James that are aiming to increase participation in the 2020 election among minorities.As part of an agreement to restart the 2020 NBA season, James and other players pushed for the league to adopt a provision in which it would explore ways that teams could use their arenas as polling places during the 2020 election. According to CBS News, about a dozen NBA arenas will host voters on election day, and several more will serve as early voting centers ahead of Nov. 3.However, several NBA teams have been told that they are not able to participate. The Miami Heat were recently told by Miami-Dade County in Florida that a nearby museum center would be used as a polling place instead of their arena. 1765
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
LOS ANGELES (AP) — When a wildfire burned across Big Sur two years ago and threatened hundreds of homes scattered on the scenic hills, thousands of firefighters responded with overwhelming force, attacking flames from the air and ground.In the first week, the blaze destroyed 57 homes and killed a bulldozer operator, then moved into remote wilderness in the Los Padres National Forest. Yet for nearly three more months the attack barely let up.The Soberanes Fire burned its way into the record books, costing 2 million as the most expensive wildland firefight in U.S. history in what a new report calls an "extreme example of excessive, unaccountable, budget-busting suppression spending."The report by Firefighters United for Safety, Ethics, and Ecology criticizes fire managers for not adapting their approach to the changing nature of the blaze. The nonprofit group, which gets funding from the Leonard DiCaprio Foundation and other environmental organizations, advocates ending "warfare on wildfires" by ecologically managing them.The report suggests the Forest Service response was the result of a "use it or lose it" attitude to spend its entire budget, which had been boosted by 0 million because of a destructive 2015 fire season. The agency managed to spend nearly all its 2016 money in a less-active fire season on about half the amount of land that burned the year before."They just kept going crazy on it," report author Timothy Ingalsbee said. "It wasn't demand-driven. It was supply-driven. They had all this extra money Congress had given them, and they had to justify that."Forest Service officials would not comment directly on the report. After asking The Associated Press to provide written questions, the agency declined to answer them and issued a short statement saying it was committed to reducing costs in similarly large fires."Protection of people first and then resources are our primary considerations," the statement said. "Every fire is evaluated to determine the appropriate strategy. We continually look for opportunities to improve outcomes and accountability and to find more cost-efficient and effective methods of managing wildfires."In addition to burning 206 square miles (534 square kilometers), the smoky fire closed signature parks in the area and put a damper on tourism in Big Sur during the peak season of its only industry. Monterey County estimated a 40 percent loss in revenue for the summer season in the area.An internal Forest Service review produced last year and obtained by the AP reached some of the same conclusions as Ingalsbee.For example, the department's review found that from Aug. 9 to Sept. 29, 2016, the number of threatened structures remained at 400 even as the fire grew by more than 90 square miles (230 square kilometers), which indicated the risk to property had abated as the flames burned into the wilderness. During that period, firefighting costs grew by 0 million.The review found forest managers didn't think they could deviate from the "overwhelming force concept" aimed at suppression. It also said the agency's protocol for managing long-term wildfires "does not sufficiently evaluate and adjust to changing risk."One challenge fire commanders faced was an outdated forest management plan for Los Padres that called for full suppression of all wildfires, Ingalsbee said.Mike Warren, a retired National Park Service firefighter who reviewed the report, questioned the wisdom of suppressing fires in remote wilderness where flames can help eliminate brush and other flammable vegetation that could fuel a later wildfire.When Warren was fire management officer at Sequoia and Kings Canyon National Parks, they would let blazes burn in the wilderness if they were confident the fire would stay in the park.The challenge in a place like the tourist-dependent Big Sur area is pressure from politicians, homeowners, businesses, loggers and ranchers to control the fire, Warren said."When is enough enough?" he said. "When do you back off say, 'This is it. We're just going to let it do its thing.' That takes some real political will."The Forest Service's internal review inspired Ingalsbee to file public records requests for other documents that led to his report.Among his findings:— About a fifth of the area burned was from fires set to clear brush and vegetation between outer perimeters and the active fire. One of these blazes jumped fire lines. These burnout operations created additional smoke and cost an estimated million.— A nearly million air campaign, including large air tankers that cost ,720 per hour, was largely ineffective. Retardant is effective at slowing flames only where ground crews can remove vegetation to create containment lines. But drops were done deep in steep, rugged wilderness where it was too dangerous to send crews, and even where flames never reached.— Bulldozers, which cost ,700 per hour, tore up wilderness, creating what Ingalsbee called "ghost roads" that will remain for years. The Forest Service spent an estimated million a day for weeks repairing damage done by dozers.The report concluded that once the blaze that broke out July 22, 2016, entered wilderness, there was little chance of stopping it before fall rains fell.Chad Hanson, an expert on fire and director of the John Muir Project, a nonprofit environmental group, said the cost was stunning, but the approach to fire was business as usual."It's sort of shocking that this massive amount of taxpayer money is being spent trying to suppress backcountry fires that are weather-driven and can't be stopped until the weather changes, rather than focusing resources on protecting communities," Hanson said. "On the other hand, I'm not surprised the Forest Service is doing this because it's been their practice for years."One beneficiary of the firefighting effort was Tom Little Bear Nason, who lives in a homestead in the national forest his family has owned for 150 years. He was also a contractor on the fire, with a team of dozer operators.Nason, chairman of the Esselen Tribe of Monterey County, credited the suppression effort with helping save his property. But he said costs shot up when managers went overboard on backfires and cut contingency lines too far from the fire.He also criticized the leadership on the fire, which changed every couple of weeks, for disregarding a pre-attack fire plan drawn up by local, state and federal agencies, tribal leaders, environmentalists and homeowners that included information on protecting historic and cultural sites.He said those plans "got chucked out the window" and led to significant losses. A homesteader cabin burned to the ground, sacred sites such as burial grounds were plowed over, and a rock where tribal members gave birth was struck by a bulldozer."Lots of efforts went to protect communities that went above and beyond" what was necessary, Nason said. "They were acting on the worst-case scenario." 6975