This case, brought in the US District Court of California, is between Plaintiffs Marcus Gray, Chike Ojukwu, and Emanuel Lambert who are Christian rap/hip-hop artists and Defendants Katheryn Elizabeth Hudson (Katy Perry), Jordan Houston (Juicy J), Lukasz Gottwald (Dr Luke) as well as a number of other individuals and music publishers.
Kitty Perry - by Molly Marshall
Was there copying?
[On a side note, comparing this to the Sheeran v Switch case - Switch went for varying degrees of both approaches in that they argued the two had mutual friends and that the 'Oh Why' song was on several platforms, but his YouTube video only has 41,122 views and there's no Grammy nomination...]
2) Substantial Similarity
Kitty Kat performing on stage...
- Matt Buck
The Plaintiffs relied on a musicologist report, which stated that the “most obvious, pervasive, and substantial similarity” between the two songs is a “descending ostinato 8 figure which serves as the primary formal building block for both tracks.” It went on to say that the ostinatos in both songs are identical, both ostinatos are nearly identical in pitch content and melodic contour as is the mechanical style, and that the timbre of the upper and primary voice are remarkably similar.