A jury found Katy Perry guilty of copying a Christian rap song by Marcus Gray, best known in the art world as Flame.
As found by the jury, Perry took the background melody of the song Joyful Noise from Flame of 2008 and used it on her Dark Horse theme of 2013. This legal decision reignited a long-standing debate within the music industry: where does inspiration end and plagiarism begin? Over the years, numerous artists have faced similar accusations, but this particular case drew special attention because it involved a globally famous pop star and a Christian hip-hop artist whose work, while respected, operated within a much smaller market.
Let’s listen to two fragments of both songs to compare:
There are some differences between the melodies, for example, Katy Perry’s is slower and is half a tone above, but the structure is very similar.
These similarities were central to the jury’s decision. According to expert testimony presented during the trial, the repeating ostinato—a short, looping musical phrase—shared by both songs was distinctive enough to be protected under copyright law. While musical scales, rhythms, and chord progressions can often overlap across genres, the jury agreed that the combination of elements used in both tracks went beyond coincidence.
Katy Perry’s collaborators and co-writers were also found responsible. Among them we can find rapper Juicy J, Cirkut, Max Martin, Sarah Hudson and Lukasz.
This aspect of the ruling highlights an important reality of modern music production: hit songs are rarely created by a single individual. Instead, they are often the result of collaborative efforts involving producers, songwriters, and performers. Under copyright law, all contributors can be held accountable if infringement is proven, regardless of who introduced the disputed musical element.
Katy Perry was a Christian singer but she claims never to have heard Christian music. Still, the jury determined that “Joyful Noise” was distributed enough for the authors of “Dark Horse” to have heard it. At the time of writing this note, there are two Joyful Noise videos that add up to almost seven million views between them.
This point proved crucial. In copyright cases, it is not necessary to prove direct intent to copy; it is often sufficient to show that the accused party had “access” to the original work. Given Flame’s reach within Christian and hip-hop circles, combined with online distribution platforms, the jury concluded that it was plausible the song had been heard by those involved in producing *Dark Horse*.
The case also sparked discussion within the Christian music community. Many artists applauded the verdict, seeing it as recognition that Christian musicians deserve the same legal protections as mainstream artists. Others expressed concern that such rulings could limit creative freedom if basic musical ideas are increasingly treated as proprietary.
Marcus Gray (Flame) and two of his co-authors, Emmanuel Lambert and Chike Ojukwu, sued Katy Perry for the first time in 2014. The jury has yet to decide how much money Katy Perry and her collaborators will have to pay.
Financial compensation in cases like this can be substantial, sometimes reaching millions of dollars, depending on the profits generated by the infringing work. Beyond monetary damages, however, these cases often carry reputational consequences and set precedents that influence future copyright disputes.
Do you think the authors of Katy Perry intentionally copied or only had influenced by Flame’s melodies? Leave us a comment.
Regardless of individual opinions, this case serves as a reminder of the fine line artists must navigate between influence and originality. In an era where music circulates globally at unprecedented speed, ensuring respect for creative ownership remains a challenge for both artists and the industry as a whole.