The Biggest Copyright Rulings Of 2022

Friday, December 16, 2022

Hugh Marbury was quoted in Law360 discussing one of the top copyright rulings of 2022, Gray v. Hudson. The Ninth Circuit in March affirmed a lower court's decision to throw out a $2.8 million copyright verdict against singer Katy Perry over her 2013 hit "Dark Horse," finding the disputed portions of a Christian rapper's song consist of "manifestly conventional" elements. The Ninth Circuit handles the bulk of music cases — making the ruling at hand an interesting one, with "lots of dicta that will likely be cited [or improperly cited] for years to come," according to Hugh. He added that the language involving the "basic musical building blocks" also evokes Oracle Corp. v. Hewlett Packard Enterprise Co., in which a California federal jury found in June that an HP unit owed Oracle $30 million for knowingly stealing Oracle's customers by offering software updates that ripped off Oracle's copyrights. That case is ongoing.

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