Katy Perry Dark Horse Lawsuit: Why a $2.78 Million Verdict Was Wiped Out
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The Katy Perry Dark Horse lawsuit was a copyright case brought by Christian rapper Marcus Gray (Flame) and two co-writers, not a class action. A jury awarded them $2.78 million in 2019. The trial judge threw that verdict out in March 2020, and the Ninth Circuit affirmed on March 10, 2022. As of October 2026, there is no settlement, no fund and nothing for fans or listeners to claim.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuit Claimed
Gray, Emanuel Lambert and Chike Ojukwu alleged that the repeating instrumental figure — the ostinato — in “Dark Horse” (created 2013) copied the ostinato in their song “Joyful Noise,” first released in 2008. They sued Katheryn Hudson (Katy Perry), Capitol Records, her co-writers and publishers for copyright infringement.
The case turned on eight notes. Per the Ninth Circuit, the Dark Horse figure uses minor-scale degrees 3-3-3-3-2-2-1-5; the Joyful Noise figures use 3-3-3-3-2-2-2-1 and 3-3-3-3-2-2-2-6. Both sit on the seven-note minor scale (the notes of the minor scale and its relatives are laid out key by key) and both use an even rhythm, every note the same length. The defendants said they had never heard Joyful Noise; the plaintiffs pointed to its millions of online plays.
Case Details
Gray v. Perry, No. 2:15-cv-05642-CAS-JC, U.S. District Court for the Central District of California, before Judge Christina A. Snyder. The appeal was Gray v. Hudson, No. 20-55401, U.S. Court of Appeals for the Ninth Circuit, argued January 11, 2022 and decided March 10, 2022 by Judges Richard R. Clifton, Milan D. Smith, Jr. and Paul J. Watford, opinion by Judge Smith. It is reported at 28 F.4th 87. Read the Ninth Circuit opinion (PDF).
Status: Closed in Perry's Favor
As of October 2026, the 2022 opinion is the last ruling on the merits we could verify, and we found no later decision reviving the verdict. The $2.78 million was never paid out under the judgment, because the judgment went the other way.
Is Anyone Else Affected?
No. This was an individual copyright suit by three songwriters, not a class action. There was never a class, a class definition, or a way for listeners, fans, streamers or ticket buyers to join.
Why it still matters: songwriters and producers cite the case constantly. The Ninth Circuit drew a clear line — a short run of notes from a common scale, played in an even rhythm, is a basic building block, not property. Amicus briefs on the appeal came from music-industry groups and a group of 110 individual songwriters.
Money: What the Jury Gave and the Court Took Back
That award was vacated on March 16, 2020 and the appeal failed on March 10, 2022. There is no settlement, no fund and no claim form.
How cases like this one end
Our copy of the federal courts’ own case database covers 56,816 federal civil cases of this typeclosed in U.S. federal district courts between 2015 and 2025:
- 20.1% ended in a settlement recorded by the court. Another 57.3% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 20.1% and 77.4%.
- 2.1% were decided on a motion before any trial.
- 1 in 310 reached a trial (0.3%), after a median of 29.4 months.
- Median time from filing to the end of the case: 4.3 months.
- Only 1,959 of them (3.4%) record a money award at all; the median of those is $35,000.
These are base rates for this type of case (federal copyright cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
Dark Horse Case Timeline
- 1
2008 — Joyful Noise Released
Joyful Noise appears on the album Our World Redeemed, built on an ostinato Ojukwu recorded in 2007.
- 2
2013–2015 — Dark Horse and the Lawsuit
Dark Horse is created in 2013 and becomes a hit. Gray and his co-writers file suit in the Central District of California, No. 2:15-cv-05642.
- 3
July 29 – August 1, 2019 — Jury Verdict
A nine-person jury finds infringement on July 29, 2019 and on August 1 awards $2.78 million in damages.
- 4
March 16, 2020 — Verdict Vacated
Judge Christina A. Snyder grants judgment as a matter of law: the eight-note ostinato is “not a particularly unique or rare combination.”
- 5
March 10, 2022 — Ninth Circuit Affirms
A three-judge panel unanimously upholds the ruling in No. 20-55401, finding only commonplace musical elements in common.
- 6
As of October 2026 — Closed
The 2022 opinion is the last verified ruling on the merits. No settlement, no payment and nothing to claim.
Three Things to Watch For
A famous name plus a $2.78 million headline is easy bait, even years after the case ended:
“Claim your share of the Dark Horse settlement”
There was never a settlement or a class. Any site or post asking fans, streamers or concert-goers for personal details or a fee to “claim” Dark Horse money is fishing.
Copyright-strike emails citing the case
Be wary of fake infringement notices that name the Katy Perry case to sound serious and demand a “licensing fee” or a login. Real takedown notices come through the platform, not a payment link.
“Your song is being used — we'll sue for you”
Pitches promising a Dark Horse-size payout for a similar riff ignore how the case ended: the verdict was erased because common note patterns are not protected. Upfront fees for such claims are a red flag.
Katy Perry Dark Horse Lawsuit — Questions People Actually Ask
Did Katy Perry lose the Dark Horse lawsuit?
She lost at trial in 2019, then won. Judge Snyder vacated the jury verdict on March 16, 2020, and the Ninth Circuit affirmed on March 10, 2022.
Did Katy Perry have to pay the $2.78 million?
No payment was owed under the final judgment. The award was vacated in 2020 and the Ninth Circuit upheld that in 2022.
What song did Dark Horse supposedly copy?
“Joyful Noise” by Flame (Marcus Gray), released in 2008 with co-writers Emanuel Lambert and Chike Ojukwu. The claim focused on the repeating instrumental figure, not the lyrics or vocal melody.
What exactly was the musical overlap?
An eight-note ostinato on the minor scale. Dark Horse uses scale degrees 3-3-3-3-2-2-1-5; Joyful Noise uses 3-3-3-3-2-2-2-1 and 3-3-3-3-2-2-2-6, both in an even rhythm. The court noted that older tunes, including Merrily We Roll Along, share the 3-3-3-3-2-2 opening.
Why was the verdict thrown out?
Copyright protects only original expression (17 U.S.C. § 102(a)). The court found that a minor scale, a descending run of repeated notes and an even rhythm are commonplace building blocks, and their combination here was not original enough to protect.
Is there a Katy Perry Dark Horse settlement I can claim?
No. It was a lawsuit between named songwriters and the song's creators, not a class action. There is no settlement, no fund, no administrator and no claim form.
Which court decided the case?
The trial was in the U.S. District Court for the Central District of California (No. 2:15-cv-05642). The appeal was decided by the Ninth Circuit (No. 20-55401), reported at 28 F.4th 87.
Why does this case still come up?
Because it is one of the clearest appellate rulings that short, common musical patterns cannot be owned. Lawyers and musicologists cite it whenever a new song-similarity suit is filed.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.
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