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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 -- Fergie released a statement Monday after facing sharp criticism for her performance of the national anthem at Sunday’s NBA All-Star game.The singer says she tried her best and is always “honored and proud to perform the national anthem.”Read Fergie’s full statement below:"I've always been honored and proud to perform the national anthem and last night I wanted to try something special for the NBA. I'm a risk taker artistically, but clearly this rendition didn't strike the intended tone. I love this country and honestly tried my best."RELATED: Fergie's national anthem at NBA All-Star game baffles viewersDuring the performance, Golden State Warriors’ Draymond Green was caught snickering.Many saw the moment and began tweeting about the singers rendition of the anthem.Watch the full performance below:Fergie singing the National Anthem at the 2018 NBA All-Star Game like Amy Winehouse impersonating Jessica Simpson is something you all need to watch. pic.twitter.com/EX8fxrhbTO— Danny Pellegrino (@DannyPellegrino) February 19, 2018 1072
LOS ANGELES (AP) — A judge set bail at million for the leader of a Mexican megachurch charged in California with child rape and human trafficking. The staggering bail amount all but ensures that Naasón Joaquín García will remain jailed as he awaits trial. The judge said he had seen evidence of “a systematic pattern of sexual assault of minors.” Garcia faces three dozen felony counts. He has denied wrongdoing. Garcia is the spiritual leader of La Luz del Mundo, which is Spanish for “The Light Of The World.” The Guadalajara, Mexico-based evangelical Christian church claims 5 million followers worldwide. 620
Lori Becerra has a lot of work to do, picking up the pieces of Category 4 Hurricane Michael.Becerra helps run Southern Assisted Care, a place seniors with Alzheimer’s call home.“With their cognition, they don’t always recognize what’s going on,” explains Becerra. “So, we tried to kind of keep it from them.Since Alzheimer’s patients don’t always process information the same way, Becerra says she didn’t want to create unnecessary stress.But how do you keep a Category 4 storm howling on the other side of a boarded-up window a secret?Becerra says they kept their residents entertained. “In the middle of everything, being scary and you know you’re hearing trees come down and hearing wind howl, you’re turning on music on the radio and doing a dance party,” she says. “You’re putting out puzzles to do a puzzle.”Becerra says it was just about keeping her residents distracted.“And they haven’t been back outside since the storm so they don’t even realize what’s happened,” she says.The facility is now without running water, and Becerra expects to be running on generators for days, if not longer. She says she’ll take the burden of the stress, so the residents, as she puts it, can stay blissfully unaware.“It’s protected them from having to go through what we’re feeling emotionally when we see it,” Becerra says. 1331
LOS ANGELES (CNS) - USC health officials Monday reported an "alarming" spike of 43 coronavirus cases confirmed in off-campus housing facilities, along with 100 students in quarantine due to possible exposure to COVID-19.According to Dr. Sarah Van Orman, head of USC Student Health, 14 cases were identified through general population testing among students not showing any symptoms, while 29 more were confirmed through contact tracing and testing of people showing symptoms or who were exposed to the illness."Los Angeles is at a critical juncture in public health," Orman wrote in a Monday virus update. "While no students have been hospitalized to this point, we all need to work together to protect those in our community who may be at higher risk of severe disease and prevent serious health outcomes for all. Your role in containing, or conversely, accelerating the rapid spread of COVID-19, can mean the difference between safely returning to a modified `new normal,' or having a prolonged period of remote-only academic experience and closed facilities."She urged students "in the vicinity of USC, especially those living with housemates or suite-mates," to get tested weekly through the university's "Pop Testing" program. Orman also noted that the spike in cases occurred despite restrictions on on-campus instruction and activities."It appears highly unlikely current conditions will significantly change in the weeks ahead," Orman said. "The county may grant a small number of exceptions for specific classes and other activities that cannot be delivered in a virtual setting, however, those decisions have not yet been made. Therefore, we continue to strongly discourage students from returning to the campus area until further notice."... For students who remain on or near campus in shared living arrangements, we strongly advise you to act with caution and strictly follow all guidelines for physical distancing -- six (feet) -- avoiding gatherings with other(s) outside your home, wearing face coverings around others to protect against respiratory droplets, and proceed with high adherence to hand hygiene and frequent surface contact cleaning." 2171