Katy Perry wins the copyright case against Christian rapper Flame in appeals court, overturning the original verdict regarding her hit song “Dark Horse.”

According to court records, Judge Christina A. Snyder issued a ruling on Tuesday vacating the jury’s verdict, finding that the short musical phrase at issue is not original enough to warrant copyright protection.

Last July, the jury found that “Dark Horse” included an eight-note ostinato that was stolen from “Joyful Noise,” a song by the Christian rapper Flame — real name Marcus Gray. The jury awarded him $2.8 million in damages and the Grammy award winner had to pay Flame $550,000 out of pocket.

But the federal judge found that the jury’s verdict was not supported by the weight of the evidence in the case.

“It is undisputed in this case,” Snyder wrote, “that the signature elements of the 8-note ostinato in ‘Joyful Noise’… is not a particularly unique or rare combination.”

Variety reports:

Snyder drew on the testimony of the plaintiff’s expert witness, musicologist Todd Decker, in coming to her conclusion that the jury got it wrong.

“A relatively common 8-note combination of unprotected elements that happens to be played in a timbre common to a particular genre of music cannot be so original as to warrant copyright protection,” she wrote.

Christine Lepera, the lead defense attorney at the trial, praised the judge’s ruling.

“In a well reasoned and methodical decision, the court properly vacated the jury verdict, finding that ‘Dark Horse’ does not infringe ‘Joyful Noise,’ as a matter of law,” Lepera said. “This an important victory for music creators and the music industry, recognizing that music building blocks cannot be monopolized. The creators of ‘Dark Horse’ stand vindicated.”

Flame will still be able to appeal Snyder’s ruling to the 9th Circuit.

What do y’all think? Does these two songs sound similar? How would you rule? Leave us a comment below.