Jury To Decide Penalty For 'Dark Horse' Copywright Infringement

The penalty phase of a copyright infringement trial over Katy Perry’s hit “Dark Horse” opened Tuesday with attorneys for the creators of a Christian rap song telling jurors that the pop superstar’s 2013 song earned $41 million overall, reports The Associated Press.

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.” 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.

Perry’s lawyers say her “Dark Horse” earnings amounted to $3.2 million, minus $800,000 in costs.

“I don’t want to give away any spoilers here, but some of the costs, get ready to roll your eyes,” said attorney Michael Kahn, who represents “Joyful Noise” artist Marcus Gray.

Capitol Records defense attorney Aaron Wais said during opening statements that the old adage about spending money to make money is true with songs such as “Dark Horse.”

“What makes a Katy Perry song profitable? Katy Perry,” Wais said.

Testimony about Capitol Records’ costs in creating and promoting “Dark Horse” will begin Wednesday.