Music streaming can make cases similar to those of Katy Perry

"The law that governs it is a two-part test, access and substantial similarity," said Michael Kelber, a Chicago-based lawyer specializing in intellectual property and technology. The Associated Press Friday. "The fact that the access card is so much easier to show than it can be a powerful proof for a jury."

Kelber said the Perry decision could show that "the floodgates are starting to open on these cases".

"It's not hard to get thousands of watches and tastes," he said.

Perry's lawyer, Christine Lepera, said after the decision that Gray's team had shown "no evidence of access" because she had pledged to fight vigorously against the verdict.

Courts have long witnessed many similar lawsuits by minor artists against alleged thefts of songs. Traditionally, many of them were thrown away simply because the plaintiff had no way of proving that the artist had heard their song, unless he gave them a tape, opened for them in concert or with similar proof.

"20 years ago, while everything was controlled by the music industry, whoever wants to hear a song can hear or find it," said Timothy Foster, a New York lawyer who works on an author's case, including an ongoing lawsuit where a singer sued Carrie Underwood about her Sunday evening football song. "It's easier to say that they could have, maybe Pandora played for them on one of their random playlists someday."

Foster stated that he was not even "forced to know that they actually knew the song, but they may have replayed it unconsciously, even though they did not know not or did not understand that they were doing it. "

"The wider spread is something," Foster said, "the easier it is to show that they could or could have accessed it."

Neither Kelber nor Foster are involved in the Perry affair.

Gray's lawyers argued other arguments to explain to Perry or one of his co-authors the song, including radio plays, concerts in public spaces and the recording played in arenas and similar places.

The album on which the song was even was nominated for a Grammy, but not in a category that makes the show on TV.

And they often pointed out in court that Perry's career began as a Christian artist, although she testified during the trial that she had listened almost exclusively to secular music even then.

Perry's team called the decision a "travesty of justice," saying it was dangerous for music and creativity that such cases outweigh such thin evidence.

"We have raised protests from people around the world, including musicologists," said Lepera.

They have already filed a motion to have the trial judge set aside the verdict that will lead to a hearing, and they will most certainly appeal to a higher court where the general decision made by the jury could be put to the test.

Gray's attorney, Michael A. Kahn, told the court that he would be happy to fight for a "fair and equitable" decision, although the price is well below the $ 20 million it is worth. was looking for his clients.

The case was centered on a brief, simple instrumental beat and a series of repeated notes throughout "Joyful Noise" and, according to Gray's lawyers, played 45% of "Dark Horse".

Perry's lawyers have always claimed that it was an extremely fundamental musical element that should in no way be protected by copyright.

Loading

"The only thing in common is an unprotected C and a B," said Lepera.

The technology could also prove difficult, with thousands of amateur musicians creating machine-made rhythms that can proliferate online, making the fortuitous copy common.

"There are so many people creating basic beats and downloading them for people to allow and listen to," said Kelber. "The chances that one of these three or four note progressions looks like something famous are even bigger."

Cries of joy himself began with a rhythm that Gray heard on MySpace and bought from a man who would later be clbadified as a co-author.

In the past, it often took a superstar to defeat a superstar for stealing songs, and in this case, those who filed a lawsuit could blow up the issue of access.

In a trial on another megahit of 2013, Blurred lines Songwriters Pharrell Williams openly stated that they were trying to conjure up the feeling of a song that they loved, that of Marvin Gaye. Must leave it. A jury judged them and they were sentenced to pay to the children of Gaye nearly 7.4 million US dollars (10.8 million Australian dollars). The amount has been reduced to approximately $ 5 million ($ 7.3 million) on appeal.

Artists much less important than Gaye may have their time now, and costumes like Gray's could come in waves.

"If these cases continue to collide with these pop stars," said Kelber, "record companies and others could end up making deals and not trying to sue them."

AP