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Katy Perry and others who worked on her 2013 hit “Dark Horse” have been ordered to pay $2.78 million in damages to Christian rapper Flame , according to reports.
The pop singer was sued five years ago by Marcus Gray – professionally known as Flame – and two co-writers who claimed her 2013 hit was stolen from his and Lecrae’s song “Joyful Noise”, which was released in 2008.
This week, a federal jury in California ruled that the pop star’s song infringes on the song.
Jurors had been told during the damages phase of the trial that the song had earnt $31m from the single, album sales and concert DVD that featured the song.
Show all 30 1 /30The 30 best album covers - ranked The 30 best album covers - ranked 30) The Strokes – Is This It Photographer Colin Lane met the Strokes in early 2001, after being commissioned to shoot them for The Face magazine. The album cover happened by chance – after hanging out on another shoot a few weeks later, Lane heard the band’s art director hassling them to choose an album cover. He’d brought his portfolio with him, which included the now-infamous “ass shot”. The photograph, Lane later revealed in interviews, was taken in either late 1999 or 2000. His girlfriend had just got out of the shower, while he was playing with an old polaroid camera. He found a Chanel glove and asked her to pose. “Shooting on a Big Shot isn’t easy: you can only shoot from a specific distance, and it’s really designed for head-and-shoulders portraits,” he explained to The Guardian. “But when she slid the glove on and bent forward, I knew it was the perfect shot – simple, straightforward, graphic and just so sexy.” For fans, the image represents one of the last definable scenes in music.
The 30 best album covers - ranked 29) The Notorious BIG – Ready to Die Biggie Smalls picked a baby resembling himself to star on the cover of his debut Ready to Die. By doing so, he summed up the album’s autobiographical content, which begins with childhood and closes with death. He also uses the notion of childhood innocence to foreshadow how our surroundings can have a lasting impact.
The 30 best album covers - ranked 28) David Bowie – Aladdin Sane It might not be the quintessential David Bowie album, or the one that introduced fans to Starman. But the face staring back at you from this particular album cover is, undeniably, the most recognisable Bowie look: red mullet; a gaunt, sombre expression and that famous lightning bolt across his face.
The 30 best album covers - ranked 27) Nas – Illmatic One of the greatest debut albums – and arguably the best hip hop record – of all time has a fittingly arresting cover image. A photo of a seven-year-old Nas was superimposed over Danny Clinch’s snapshot of one of the housing projects in the New York rapper’s native Queensbridge. Designed by Aimee Macauley, it was intended to reflect how the projects used to be Nas’s entire world, “until I educated myself to see there’s more out there”. But Nas was also inviting you to see through his eyes and into those very projects where he grew up, and feel immersed in that world via the power of his storytelling.
The 30 best album covers - ranked 26) Kate Bush – The Dreaming Years after its release, Kate Bush noted how The Dreaming was deemed by many to be her “she’s gone mad” album. Its multiple, disparate narratives and metamorphic production intertwine with movie influences, particularly music hall crime capers of Houdini’s era. On the sepia-toned album cover, Bush plays the role of the escapist’s wife, looking to the distance, rather than at his face, as though trying to contact him via a different medium than mere speech. The way she holds his face in her hands gives her an additional, mesmerising power and conjures the old-world, eccentric mysticism with which she was – and still is – associated.
The 30 best album covers - ranked 25) Oasis – Definitely Maybe Photographer Michael Spencer Jones had a task on his hands organising Oasis for what is indisputably their best album cover. It was different to what the band originally envisioned – Noel Gallagher had spotted a photo of the Beatles sat round a coffee in Japan, so thought Oasis could be photographed at the dining table of guitarist Bonehead’s house in Manchester. Jones didn’t see this working, so spread the members around Bonehead’s living room instead, and asked them to bring objects that were personal to them for decoration. Noel liked Jones’s idea of hanging an inflatable globe (brought by one of the roadies) from the ceiling. “Yeah, global dominance,” he said. Soon after the album’s release, that’s exactly what happened.
The 30 best album covers - ranked 24) Rolling Stones – Sticky Fingers Andy Warhol conceived the idea of a vinyl cover with working zipper that would reveal a pair of white briefs beneath the bulging jeans of a male model, who has to this day never been identified. Many fans assumed it was Mick Jagger, but people working on the shoot said several models were photographed and Warhol never revealed which one was used. It represented what the Rolling Stones quickly became famous for: an edgy, hyper-sexual kind of swagger.
The 30 best album covers - ranked 23) Miles Davis – Bitches Brew German painter Mati Klarwein – who also created Santana’s artwork for Abraxas – was behind this gatefold cover that served as an embodiment of Davis’s creative manifesto. The surreal and complex renderings mirror what Davis does with the music itself; challenging traditional notions of structure and juxtaposing concepts of passivity and aggressiveness, anger and love.
The 30 best album covers - ranked 22) AC/DC – Back in Black Back in Black’s all-black cover design fit the mood of a band emerging from dark times. In the wake of the death of vocalist Bon Scott, AC/DC had tracked down Brian Johnson, whom Scott had previously mentioned to the band. Certain people at their record label, Atlantic, weren’t so keen on the cover, but the band were insistent: it was a memorial to Scott. And now one of the most instantly recognisable and best-loved album covers in rock history.
The 30 best album covers - ranked 21) Blondie – Parallel Lines Visually striking and symbolic of what Debbie Harry was doing both as a woman and an artist in the music industry, Parallel Lines’ cover was shot by photographer Edo Bertoglio. It was apparently rejected by the band but later chosen by their manager, Peter Leeds. The juxtaposition between the band, who beam in their matching dress suits like a bunch of schoolboys at their senior prom, and Harry, who stands defiant in her white dress, hands on hips, is wonderful. “I’m not impressed,” her stance seems to say. “Try harder.”
The 30 best album covers - ranked 20) Bob Dylan – The Freewheelin’ Bob Dylan Dylan walks arm-in-arm with then-girlfriend and muse Suze Rotolo through the West Village in freezing New York, February 1963. Rotolo described the circumstances to the New York Times in 2008: “He wore a very thin jacket, because image was all. Our apartment was always cold, so I had a sweater on, plus I borrowed one of his big, bulky sweaters. On top of that I put on a coat. So I felt like an Italian sausage. Every time I look at that picture, I think I look fat.” Yet her memoir, A Freewheelin’ Time, also noted the cover’s significance, how it “influenced the look of album covers precisely because of its casual down-home spontaneity and sensibility”.
The 30 best album covers - ranked 19) Led Zeppelin – Led Zeppelin Led Zeppelin couldn’t have picked a better image to serve as a visual introduction to their fans. It’s an easy tactic – using a photo from a real-life tragedy, in this case the Hinderburg disaster, for shock factor. But it worked, and the cover went on to become one of the most indelible images in rock music.
The 30 best album covers - ranked 18) Never Mind the Bollocks – Here’s the Sex Pistols “The album will last. The sleeve may not,” said the adverts for the Sex Pistols’ first and only studio album in 1977. The Sex Pistols were already controversial before the release of Never Mind the Bollocks – Here’s the Sex Pistols. They’d caused nationwide uproar for swearing on live TV, been fired from two record labels, and been banned from a number of live venues in England. Using the word “bollocks” on the front of their artwork caused instant censorship, and more controversy that would only benefit its performance. Despite many major retailers refusing to sell it, the album debuted at number one on the UK album charts. Today, it is arguably the most recognisable punk album cover in music history.
The 30 best album covers - ranked 17) The Roots – Things Fall Apart For a limited time, The Roots’ Grammy-nominated album Things Fall Apart was available with five different covers, which reflected each of the world’s “greatest turmoils”. The most enduring was a photograph taken during a Civil Rights Movement-era riot – a stark black and white image showing riot police as they chase two terrified black teenagers. “This became the main artwork for a few reasons,” art director Kenny Gravillis told Complex magazine. “The cover felt like the urban community could really relate to it. Seeing real fear in the woman's face is very affecting. It feels unflinching and aggressive in its commentary on society. I remember going to Tower Records and seeing it huge; it was just so impactful. I'm not sure that it would work today. I give MCA respect for pushing it out at the time.”
The 30 best album covers - ranked 16) Pink Floyd – Wish You Were Here Yes, Dark Side of the Moon, with Storm Thorgerson's geometric design, is the most iconic of Pink Floyd covers. But the shot he conceived for Wish You Were Here – taken by Aubrey ‘Po’ Powell – is by far the more visceral. It shows two businessmen shaking hands, with one of them on fire, and to the band it represented the fear of revealing your true feelings for fear of “getting burnt”. Two stuntmen were involved, with one (Ronnie Rondell Jr) dressed in a fire-retardant outfit covered by a business suit, and his head protected by a hood, covered beneath a wig. Unfortunately, high winds meant he lost his moustache and eyebrows to the flames. Hopefully he felt the resulting shot was worth it. Fans definitely think so.
The 30 best album covers - ranked 15) Fleetwood Mac – Rumours Just two of Fleetwood Mac’s then-five members appear on the cover of their best-selling and arguably greatest album. Stevie Nicks and Mick Fleetwood’s legs are entwined, which serves as a pretty good metaphor for the entanglement between band members that resulted in so many of the record’s lyrical back-and-forths. And really it’s just a gorgeous, classic image, photographed and conceived by Herbert W Worthington with the band, and designed by Desmond Strobel.
The 30 best album covers - ranked 14) Yeah Yeah Yeahs – It’s Blitz! The instantly iconic cover of It’s Blitz! shows little but says a lot. There’s a sense of female defiance in showing the woman’s hand, nails in red polish, crushing the egg, a symbol of fertility. It also embodies what the Yeah Yeah Yeahs did on this album, which is take traditional sounds, equipment and ideas and scramble them into something completely subversive.
The 30 best album covers - ranked 13) Madonna – True Blue This shot was taken by celebrated photographer Herb Ritts, who later teamed up with Madonna for the “Like a Prayer” and “You Can Dance” covers. It is one of her most recognisable images, inspired in part by Andy Warhol’s pop art and also by the iconography of Madonna’s idol Marilyn Monroe. Here, she invites fans to make the immediate connection between pop art and commercial value, making her the first to exploit the late Eighties concept of pop artist as brand.
The 30 best album covers - ranked 12) The Clash – London Calling The Clash paid tribute to Elvis Presley by mimicking the pink and green lettering from his 1956 self-titled album. Yet the image, one of the most iconic in rock history, blows that version of rock and roll to kingdom come: everything “safe” that the King had offered was replaced by Pennie Smith’s photograph of “the ultimate rock’n’roll moment – total loss of control”. Bassist Paul Simonon later told Fender that he’d smashed his guitar out of frustration with bouncers for not letting fans stand up from their seats at the Palladium in New York City. The captured moment is visceral, dangerous and anti-establishment – just like The Clash.
The 30 best album covers - ranked 11) Elvis Presley – Elvis Presley Elvis Presley appears mid-belt on the cover of his self-titled album, clearly performing one of those iconic vocal whoops. It’s a visual introduction to rock’n’roll for his unsuspecting American audience, done 20 years before The Clash would replicate that classic pink and green lettering to do the same for their British fans.
The 30 best album covers - ranked 10) NWA – Straight Outta Compton Six guys stare down toward the ground, one pointing a handgun right at the viewer. This is the cover art for Straight Outta Compton, the pioneering debut by NWA. The photographer was a 28-year-old white guy, Eric Poppleton, who was struggling to make ends meet after graduating from art school. He and his art director Kevin Hosman spent a day following the guys around alleys in LA, until Poppleton found a spot where he got on the ground and asked NWA’s members to stand over him, with one holding “what was hopefully an unloaded” gun. He had no idea the photograph would become one of the most iconic images in gangsta rap. Poppleton would go on to shoot four other NWA album covers.
The 30 best album covers - ranked 9) Bruce Springsteen – Born in the USA The Boss tells you everything you need to know about him with one image. An epitome of the blue collar American, Springsteen’s seventh album cover was shot by Annie Leibowitz and shows the artist’s from behind, dressed in worn blue jeans and a simple white t-shirt, with a red cap hanging out of the back pocket after a long day’s grind. “We took a lot of different types of pictures,” said Springsteen, “and in the end, the picture of my ass looked better than the picture of my face.” Combined with the American flag in the background, the cover parallels the themes of Springsteen’s music.
The 30 best album covers - ranked 8) The Ramones – The Ramones An album cover that would inspire future generations of bands to slouch moodily against brick walls. The Ramones were near-impossible to gather together for a posed photograph, but Robert Bayley – a photographer for Punk magazine, managed to get a shot that captured the band perfectly. Wearing ripped jeans and leather jackets, they stare blankly at the camera through sunglasses, or fringes that half-conceal their eyes.
The 30 best album covers - ranked 7) The Beatles – Abbey Road Few album covers can profess to have literally stopped traffic, and it’s testament to the iconic status of Abbey Road’s artwork that thousands of fans have attempted to recreate it. The band, and photographer Iain McMillan, had just 10 minutes to get the shot, which was taken from a step-ladder while a police officer held up traffic behind the scenes. Six photos were taken, which McCartney later examined with a magnifying glass before making his decision.
The 30 best album covers - ranked 6) Grace Jones – Island Life Before he tried to “break the internet” with a nude Kim Kardashian on the cover of Paper magazine, Jean-Paul Goude took some of the most memorable images of the Eighties for Grace Jones’s album Island Life. She appears on the cover in what looks like an impossible pose; it is, in fact, a composite of her in different positions, cut and pasted together for one of the most striking images in music history.
The 30 best album covers - ranked 5) The Velvet Underground and Nico – The Velvet Underground and Nico Like the working zipper of The Rolling Stones’ Sticky Fingers, early versions of The Velvet Underground and Nico asked the owner to “Peel slowly and see”, upon which they’d peel the banana skin to reveal a flesh-coloured banana beneath. MGM was happy to fork out for the additional costs of manufacturing the vinyl, with the assumption that its ties to Warhol would help boost sales. It’s one of very few albums where the person behind the album art, rather than the band themselves or the album title, are named on the cover.
The 30 best album covers - ranked 4) Joy Division – Unknown Pleasures The cover art for Joy Division’s debut album was designed by Peter Saville, who had previously created posters for Manchester’s Factor Club in the late Seventies. The chosen image, which was picked by Bernard Sumner, is based on radio waves from pulsar CP 1919 – from the Cambridge Encyclopaedia of Astronomy. “The duochrome Peter Saville cover of this first Joy Division album speaks volumes,” Susie Goldring said in a review for BBC Online. “Its white on black lines reflect a pulse of power, a surge of bass, and raw angst. If the cover doesn't draw you in, the music will.
The 30 best album covers - ranked 3) Nirvana – Nevermind Nirvana – Nevermind This is one of the most recognisable album covers of all time, and makes a fierce, mocking statement about the value western society places on chasing wealth – and the way it passes that message onto future generations. Record label Geffen were concerned by the appearance of three-month old Spencer Elden's penis on the cover, but Kurt Cobain would only accept a censor sticker over the image if it read: “If you're offended by this, you must be a closet paedophile.”
The 30 best album covers - ranked 2) The Beatles – Sgt Pepper’s Lonely Hearts Club Band With its star-studded cast and bold colour scheme, the cover of Sgt Pepper’s Lonely Hearts Club Band came to define artist Peter Blake and also The Beatles themselves. There are 88 figures in all, including the band themselves, on a set photographed by Michael Cooper. Blake collected a list of names from three of the four Beatles. The list included Tony Curtis, Marilyn Monroe, Aubrey Beardsley, Oscar Wilde, and even Adolf Hitler (requested by John Lennon, and hidden behind other figures). If you bought the record, Blake later said, “you also bought a piece of art on exactly the level that I was aiming for”.
The 30 best album covers - ranked 1) Patti Smith – Horses Critic Camille Paglia once suggested that Robert Mapplethorpe’s photo of his former lover, friend and collaborator Patti Smith is the greatest ever taken of a woman, and seeing it, you feel inclined to agree. The godmother of punk herself said she thought she looked like Frank Sinatra, dressed in a crisp white shirt with a black ribbon around her neck. A black jacket with a horse brooch on the lapel is slung casually over her shoulder. “The only rule we had was, Robert told me if I wore a white shirt, not to wear a dirty one,” Smith told NPR in 2010. “I got my favourite ribbon and my favourite jacket, and he took about 12 pictures. By the eighth one he said, 'I got it'.”
Perry’s label Capitol Records claimed that after expenses for the song’s release were accounted for, just a fraction of that money was actually left over.
Nine jurors determined that the track directly copied the underlying beat of Gray’s rap song ¬– despite both Perry and producer Dr Luke insisting they’d never heard it, as they don’t listen to Christian music.
Gray said that they could have heard it on YouTube, MySpace or Spotify, where the song has been played millions of times, or even at the Grammy Awards. The song is the closing track of Flame’s record Our World: Redeemed , which was nominated for a Grammy in 2009.
Perry’s lawyer, Christine Lepera, stressed the belief that Gray and the song’s co-writers are “...trying to own basic building blocks of music... that should be available to everyone.”
Perry herself owes just over $500,000 in damages, while the rest is due by the label.
Additional reporting by AP
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