After singer Katy Perry was found liable in a plagiarism case involving her hit song “Dark Horse,” the penalty phase opened Tuesday with millions at stake for the pop star.
The AP reports that the creators of a Christian rap song told jurors Perry’s 2013 hit earned $41 million overall, while Perry’s lawyers say the song’s earnings amounted to $3.2 million, minus $800,000 in costs.
“The figure will be a key point of contention in determining how much Perry and her collaborators owe the makers of the 2009 song ‘Joyful Noise,'” the AP reports. “Most of the dispute will center on the $31 million Capitol Records received from the song. The label contends that after factoring in costs, its profit was a mere $630,000.”
Attorney Michael Kahn, who represents “Joyful Noise” artist Marcus Gray, anticipated the argument about costs, saying: “I don’t want to give away any spoilers here, but some of the costs, get ready to roll your eyes.”
The maneuvering follows a unanimous jury verdict Monday that found Perry’s hit copied elements of “Joyful Noise,” a song Gray released under the stage name Flame.
The AP adds: “’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. It earned Perry a Grammy Award nomination and was part of her 2015 Super Bowl halftime performance.”