Why the Katy Perry/Flame lawsuit makes no sense 

Could you imagine if country music people started suing each other over this?

What’s kind of amazing in this case is also how much Katy Perry’s team dropped the ball with the defense. I threw together this video in less than a week. They had 4 years.

The jury's verdict has been finally reversed in May 2020.

New Rule: All music copyright infringement cases must have a jury consisting of musicians, engineers, composers, etc. as those would truly be the peers of both the plaintiff and defendant!

“That’s actually Bach” You destroyed the whole case right there.

He didn't throw shade. He threw the whole palm tree at Todd Decker

How bad must Katy Perry's lawyers have been that they couldn't come up with the same examples used in this video and make the plaintiff look foolish?

In the appeal, judge recently ruled said that a copyright over this would amount “to allowing an improper monopoly over two-note pitch sequences or even the minor scale itself, especially in light of the limited number of expressive choices available when it comes to an eight-note repeated musical figure”. Great to hear a judge understanding the magnitude of the copyright.

What is wrong Katy Perry's lawyers that they can't construct an argument like this one?

Everybody knows Lil John invented the phrase “yeah” in 2003

"Kinda dangerous." Adam Neely giving a lesson on the art of understatement. I've never heard of Todd Decker before and what I think about him after watching this video cannot be repeated in public.

Thank you for posting this. As a songwriter/artist seriously planning on marketing my music, it makes me nervous to see these lawsuits coming out where people are losing because the "vibe" is too close. It honestly makes me afraid to think that I'll spend thousands of dollars to record and market a song, only to have some unknown artist sue me. If more of these silly lawsuits come out I hope that you'll keep making these videos and standing up for creatives

I once sued a coworker because his farts sounded similar to mine

A law suit over a two bar, straight quarter note pattern with only three notes. What a time to be alive.

Arguments like Todd's would be devastating for the whole blues culture.

When I first watched this I knew very little about music, but watching it again now I realise how laughably absurd Decker's claim is. Imagine trying to claim that a certain painter was the first to use red and green together, and now they legally own that colour combination

" Imagine if someone could own a word" *gets react bros flashbacks*

He claimed that 45% of dark horse was copyrighted and that he should get 45% of the money earned by PRISM The entire album Dark Horse is one song. He's money hungry and it shows

The verdict was overturned on appeal on the March 16, 2020. US District Court judge Christina A Snyder said "It is undisputed in this case" that the ostinato was "not a particularly unique or rare combination."

This reminds me of the time I sent an essay of mine through plagiarism checking software and it came back that I strung together the same 7 words as someone else when they published their paper on a different topic… in the 80s 😂

*This just in: Bach comes back from the grave to sue Flame for sampling his violin sonata in f minor*

2018: "You can't own chords" 2019: "You can't own the minor scale"

One of the first songs I ever wrote when I started playing guitar was a simple 4 chord, 6/8 time signature, song in the key of C. I played it for my mom, who is a music education major, but would have been a performance major if it weren’t for an injury to her left arm half way through her sophomore year. She liked it and said as much at first but remarked later that she had heard the chord progression before (in that time signature). While she meant this not with the intention of discouragement, it illustrated to me the reality of how finite the number of chord progressions there are and the pertinence of individual playing styles and melodic composition in distinguishing ones individual artistic expression from another’s. Granted my fundamental understanding of music composition and terminology is very limited still I hope this makes some level of sense. Just figured I’d share a thought 🤷‍♂️

And now it's been overturned! That's a win for music, if you ask me.

I'm a little disappointed that the whole video was not just him going "wait, that wasn't kary perry, this is katy perry.." over and over again

Imagine copyrighting your own DNA so you can sue all of your offspring for living if you wanted to 🤔

Update: the win for Flame has been overturned. Only the Supreme Court at this point can keep the case alive (so a win for Perry).

Adam, what a great video! Thanks for putting this together. I'll share it with my classes.

If this is the case, every 90's rapper should be sued by every 70's soul artists.

Katy Perry must hire Adam Neely and sue rapper flame and Todd Decker.

As soon as I heard it, I immediately went to "Moments in Love". Maybe Art of Noise has a case against Flame?

Well, "Men at Work" were sued over the flute riff in "Down Under" by the owners of the copyright to "Kookaburra sits in the old gum tree"

The year 2030: Musician sued for using a snare drum. Jury awards damages.

I feel like you're gonna become the anti-industry lawsuit guy, and I'm so for this.

I am so glad you exist Adam, thank you for everything you do.

Igor Stravinsky: "Lesser artists borrow, great artists steal " these cases are potentially corporate destruction of musical creativity

*Todd Decker is musicologist* Adam Neely: I'm gonna end this man's career.

I'm gonna copyright A 440hz and sue everyone.

UPDATE THIS KING

And this is WHY the idea that everything has to be decided by a jury of non-expert laypersons is a TERRIBLE idea. If a jury is to decide this matter, the jury should consist of musicians, lyricists, sound engineers, producers and composers. It is INSANE that we are letting people with no musical knowledge decide on these delicate matters.

Katy should sue Todd Decker for not doing his research and she should bring up these songs

Music copyright trolling is ridiculous. This is like copyrighting the use of the color blue in a visual artwork.

Guilty verdict now overturned and upheld 👍🏼

You are so awesome. If I ever get sued for copyright infringement, I'm hiring you as my musicology expert. Love your channel.❤❤❤

Just In: Katy Perry sued by the zoo for copyright infringement by using animals sounds in Roar!

“Imagine if someone could own a word” Kim Kardashian: hold my Kimono

Nice video!! Interesting that this totally spurious lawsuit should have been overturned, Katy got lucky, or a competent judge 2nd time around. Maybe Colin Hay (of Men at Work) should seek another trial. I'm referring to one of the most embarrassing episodes in Australia's legal history. In June 2009, 28 years after the release of the recording of Men at Works song Down Under, Larrikin Music sued Men at Work for copyright infringement, alleging that part of the flute riff of "Down Under" was copied from "Kookaburra" (a children's nursery rhyme known to all and widely thought to be in the public domain). The flute riff included a musical 4-bar quote which had no doubt been initially played off the cuff at a live gig sometime but had come to be incorporated into the song as an essential element of "Australian-ness", and recorded with it in as is. The art of musical quoting other pieces of music dates back centuries and is widely practiced in jazz (and sometimes even rock) so I'm really not sure how it even came to be in court - imagine if a publisher of a pop song from the 40s tried to sue Dexter Gordon for doing one of his innumerable quotes. It would have been - quite rightly - laughed out of court. However the Men at Work defense team, instead of stating; "Yes it's a musical quote, and correct, not much point if no-one recognises it is there?!" they for whatever reason tried to argue that is wasn't intentional, or it wasn't that song, or was already in the public domain (a fairly valid argument as well as it happens). Anyway they lost something that should never have even got to court, Larrikin music is now much despised and has since changed their name, Greg Ham (the flute player) died not long after, and the legal system in Australia is now widely recognised as the farce it is, not least because the High Court of Australia declined to hear the appeal (and missed a golden opportunity to be seen as doing something constructive). For stupid music court cases it takes some beating - despite thousands of instances of musical "quoting" by instrumentalists I cannot think of another that has ended up in court. Oh and the amount awarded; 5% of royalties from 2002. Millions. Take-away? Greed pays - sue.

Singers and songwriters can make some "joyful noise" now that a federal appeals court has now confirmed that Perry didn't infringe on Flame's copyright. All three judges unanimously agreed that "The portion of the ‘Joyful Noise’ ostinato that overlaps with the ‘Dark Horse’ ostinato consists of a manifestly conventional arrangement of musical building blocks ... Allowing a copyright over this material would essentially amount to allowing an improper monopoly over two-note pitch sequences or even the minor scale itself." This sensible ruling protects the right of all artists to freely make use of basic musical building blocks that are rightfully in the public domain, just like individual words or common idioms in the English language. Good job explaining this case!

It’s interesting that Katy Perry’s attorney couldn’t find someone anyone as knowledgeable as Adam Neeley. What the hell were they thinking?

"Wait a sec you can't do that." "Why not?" I _own_ Piano.

Adam thanks for making this video. Seems like Katy defense attorney should have hired you to counter the case. Great work. Love your channel and bass playing.

Music copyright lawsuits should be mandated to have juries of Music Theory experts

"Imagine a big corporate entity being able to own a word" Fine Bros: copyrights the word "react"

Katy failed the moment she didn't hire you in her defense team.... Don't be like Katy y'all. Always hire Neely.

My favorite channel at the moment! You're so good, thank you!

"I hope that you were payed well, cause you kinda sold us all out on this." I got chills from that. That was a read. 🤣🤣🤣

When he finally said this is Katy Perry's dark horse, I almost didn't believe him

So by this logic... they better sue Santa and Moses too lmao

This MUST have had an effect on Katy winning the appeal! I hope you got the recognition for that! This was an amazing video! AMAZING!

i've been looking for that art of noise sample for ages.... thank you

isn't it odd how in 2019 you'd use witchcraft and paganism as accusations in a law suit?

If I ever become a musician and get sued, I'm using you as my expert witness.

Exposing dishonesty with name and surname. This guy has big balls.

fact of the matter is: you can't own music. but you can own a CD

Those lawyers should honestly be fired because it’s very obvious the guy is just going for money

I'm so glad people like you and Rick Beato are shedding some light on how outrageous these lawsuits are

The key part of this is when Adam says "Yeah, Mr. Todd Decker, Musicologist and Chair of Music at Washington University in St. Louis, we understand that you were just trying to get paid, but do you realize what you've done?" ( Convince a jury that a background part of arrangement that simply descends a minor scale (from the III) in quarter-notes is protectable under law, in case you weren't paying attention. ) That's the point of this: Yet again, a man has been Paid to Lie under oath in a court of law. And let's be clear here: Mr. Decker is not confused, unknowledgeable, foolish, or otherwise. He didn't make a "mistake in judgment", like "oops I tripped and fell, and accidentally gave copious false testimony to a jury." He is not giving facts as he knows them, he has contradicted the facts as he knows them. He is not giving his proper opinion - that, he has kept to himself. He rather has constructed a false "opinion" to falsely present as his real opinion. I would find it hard to believe that a poll of say 30 expert witness, you could find even 1 that believed that Mr. Decker was being forthright as he,, Decker, see the case." No, instead, with full malice, a gentleman relied upon to supply the court with good information is Lying, for Money (yes, experts are REALLY well-paid), at the Behest of His Employer. (Remember, experts who give Good Results get hired again.) Lying for Money, under oath. Is that better or worse than a Drug Dealer who lies on the stand, to avoid Incarceration? If this doesn't upset you, yet you are a Music Fan (who isn't?), you will need to check your pulse. Oh, almost forgot: Adam - NICE JOB holding this jackass to account for his Malfeasance. Someone had to.

The "pingy, artificial sound" is originally from Laurie Anderson, 1984.

This guy should have been Katy Perry’s lawyer

i bet, when the jury was selected, anyone with a musical background was rejected by plaintiff's council

Nobody will ever be able to record shit with cases like this.

When you mentioned Art of Noise it finally clicked for me why it felt like your synth was so familiar.

The part where you "mistook" other songs for Katy Perry's was clever.

I am a musicologist. These musicologists give a bad name to the profession. This lawsuit is ridiculous.

I learned a lot about music with just two of your video!! My respect in your knowledge and way of explaining what music really is!! Thanks 🙏

You are an encyclopedia, Adam. I learn something every time I watch your videos. And I'd like to think I know a thing or 2! Thank you for sharing your knowledge, information and insight. You are a force!

"I hope you got paid well, because you kinda sold us all out" Boom.

I love how I’m watching this pretending like I know and understand everything he’s saying

The biggest problem has always been, that lawmakers do not understand the nuances of the art industry. And though the assumption is that they will argue their case in a way that explains the nuances, we clearly end up with cases that set precedent in a really unfortunate way. A jury of your peers, we’re no one on the jury is expected to understand music theory.

THANK YOU! I was trying to remember the name of the song and artist and I knew you would find Moments in Love by Art of Noise. Been searching for this for years

Can wait until UMG takes down your video where you defend them

Nice counter argument. Sounds like her legal team failed. Maybe you should contact her legal team on the appeal and get paid!

I was just listening to 20 Thousand Hertz' episode on music copyright and kept thinking "Man, Adam Neely would be such a good guest for this episode". It was a really nice surprise when you did show up, though it made sense when Dallas said the entire episode was inspired by this video :)

What a pleasure to hear someone say things like they really are! Thank you, Mr. Neely!

“Think about what you did here-you convinced a jury that the idea of quarter notes descending in a minor scale from the 3rd degree originated in 2008 with Christian rapper _Flame_ ” … absolutely dead 😂😂😂😂😂

Imagine Newton : I discovered gravity so don't use it OR pay me every time you use it

at 5:21 Art of Noise, Moments in Love....was sounding in my head from start of this vid, glad it is included (sampled )

As someone who doesn't make music, and can't sing or play an instrument this is giving me more anxiety than it should

You need to contact Katie Perry for her appeal and request a large commission lol

"imagine if somebody owned a word" Example: "react"

Todd Decker is my professor for his pop music class he teaches. For one of the playlists in this class, he put Joyful Noise and Dark Horse on the playlist. I commented on a discussion post calling it an example of frivolous music lawsuits. I hadn't watched this video in years and I forgot my professor was the expert witness. My friend revealed to me that our professor was the guy from the Katy Perry lawsuit... I'm not looking forward to lecture tomorrow.

Adam - you totally nailed this! Thanks for posting!!

Todd Decker: "iTs thE saMe" Adam: "imma end this guys career"

"I hope that you were paid well, because you kind of sold us all out" - Genius, 2019

One photography teacher told me, even if you think it was your idea, for sure unconsciously you heard or saw or had a contact with that (what ever is that) during your life, but you don't know when or even remember, inspiration comes from everywhere.

Can you suggest literature on music theory? I have a basic Elementary understanding of classical theory and would like to advance in some way.

It sounds nothing alike. If that is considered the same, then 99% of music is the same. You only have 12 keys in an octave.

The music industry is being destroyed by a musicologist.

This is just another reason we need actual music education in our schools and in this country in general. Our priorities are so skewed, where athletes and actors, not to mention corrupt CEOs (isn't that redundant?), are millionaires and billionaires, yet our artists, scientists (some), doctors (well, a few), and teachers are paid a pittance.

This is an important video, probably the most brilliant one I have ever watched. It is truly illuminating showing how juries can be easily duped if they either don't comprehend what is before them or if they are given misleading information by 'so called ' experts. The clarity of Adam Neely's thinking is refreshing. Katy Perry's lawyers clearly didn't do their homework. GOOD MAN Mr Neely! I hope you can find a well-paid niche in the music industry helping unfairly beleaguered artists.