A copyright infringement trial over Katy Perry's "Dark Horse" is set to begin next week, and defendants want to ask potential jurors about their Myspace pages.
The early aughts social media site's relevance in a dispute over a 2013 song stems from the allegation that Christian rapper Marcus Gray's "Joyful Noise" was, in part, disseminated on Myspace. Gray, known professionally as Flame, claims "Dark Horse" infringes his trademark by copying its underlying beat. (Co-writers Chike Ojukwu and Emanuel Lambert are also plaintiffs.)
In order to succeed at trial, Gray will first have to convince a jury that the defendants (Perry, producer Lukasz "Dr. Luke" Gottwald and others) heard his song. U.S. District Court Judge Christina Snyder in August addressed the issue of access in denying the defendants' motion for summary judgment, finding the plaintiffs "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."