In the year of 20NineScene it looks like Myspace will come into play in a copyright infringement trial regarding a popular Katy Perry track. In regards “Dark Horse,” Perry and her team are requesting that potential jurors be questioned about their Myspace pages.
What year is it?
The allegation comes from Christian rapper Marcus Gray (AKA Flame) and his track, “Joyful Noise.” Gray claims Perry’s track copies the underlying beat of his song.
The co-writers to Gray’s “Joyful Noise,” Chike Ojukwu and Emanuel Lambert, are also plaintiffs in the case.
For the case to succeed in trial, Gray and his team must convince a jury that the defendants (Perry, producer Lukasz “Dr. Luke” Gottwald and others) have heard the song.
Back in August, U.S. District Court Judge Christina Snyder found Gray and his team, “demonstrated a triable issue of fact as to access because ‘Joyful Noise’ achieved critical success, including a Grammy nomination, and was readily available and viewed millions of times on YouTube and MySpace.”
Perry’s team then filed a motion claiming that bringing screenshots of the archived web pages into evidence would amount to hearsay.
While the judge disagreed and will allow the Myspace pages to be brought into trial, Gray’s team will not be allowed to play YouTube mash-ups comparing the two tracks.
On Thursday, July 11, Perry and her team proposed a set of questions for potential jurors. Aside from standard questions, the defendants want jurors to be asked if they’ve ever used YouTube, Myspace and Facebook. Jurors would also be asked how much time they spend on the sites.
They also want to know how the jurors listen to music and which streaming services they use.
The liability phase of the trial is set to begin Wednesday.
You can listen to a mash-up of the two tracks, below.
Do you think the tracks sound similar? Sound off your thoughts in the comments below!