As expected, Katy Perry, her collaborators and Capitol Records have begun the process of asking to appeal the verdict in July that found them guilty of swiping a beat from a Christian rap song for her 2013 hit "Dark Horse."
Perry and her team were ordered to pay $2.78 million to rapper Marcus Gray (who performs as Flame) and his co-writers, who originally sued in 2014 over similarities between "Dark Horse" and Gray's 2008 song "Joyful Noise." But Perry wants out of that ruling, according to court documents filed in California on Oct. 9 and obtained by Billboard.
Lawyers for Perry have filed a motion for judgment as a matter of law, which means they claim the opposing party has insufficient evidence to support its case. The new filing reiterates many of the defense's core arguments, including that the only claimed similarities between the two songs are small "indisputably commonplace elements," that the plaintiffs lack a copyright registration for the beat in question itself, and that the plaintiffs didn't prove that the authors of "Dark Horse" could have had access to "Joyful Noise" prior to writing the pop song.