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Katy Perry is fighting an aspiring singer who claims the famous pop star ripped off her work and claimed it as her own, In Touch can exclusively report.
According to court documents obtained by In Touch, a songwriter named Michele Ronk filed a federal lawsuit against Katy (real name: Katheryn Hudson) on October 26, 2020. Michele initially filed the lawsuit by herself and without the help of a lawyer. Michele described herself as a singer/songwriter who has been “creating musical compositions for more than a decade, with a passion for advocating for mental illness support.”
In her suit, Michele said she wrote a song titled “Upgraded 2.0” in 2014. She said the track was based on her own life experiences and close friendships. Michele said the song “told a heartfelt story of enduring a dark and hard beginning, learning lessons, and triumphantly and thankfully becoming a new person through the help of Jesus.”
The suit said Katy released her song “Smile” in July 2020. She said that the song was strikingly similar to her track “Upgraded 2.0.”
She said Katy or her team never sought permission to use her work nor was she paid a dime. Michele claimed that Katy’s song used 12 similar story elements, or lyrical phrases that “make up the selection and arrangement and tell the story.”
The singer claimed that Katy and her team chose “different synonyms, at times, to attempt to obscure the similarities in the misappropriated lyrical phrases and selection of elements to the story.” Michele pointed to her song.
She said she sung, “I’ve been upgraded 2.0, the old me faded … I’ve been reinstated. She said Katy’s song goes, “Remodeled, Used to be dull, now I sparkle.”
She said her song had the line, “I messed up all over the place, not knowing myself.” In Katy’s track, the pop star belts, “Not myself, not my best.” Michele provided several examples of parts she believes were lifted from her work. She said Katy’s song “used in the all of at least … sixteen of the total of thirty lyrical lines.”
The unknown songwriter sued seeking unspecified damages and an injunction against Katy from continuing to profit off the song. Katy and the other defendants denied all allegations of wrongdoing.
Katy’s lawyer wrote, “[Michele] is an aspiring singer / songwriter who, like many artists, writes music inspired by her own experiences. Although [Michele] has shared lyrics to her private Facebook page, she has not yet, but hopes to one day, share her music with the world.”
He said that Katy released her track in July 2020 that was inspired by her own struggle to deal with, and “ultimately overcome, depression.”
The pop star’s lawyer said Michele saw the song and identified with the character’s story, “as many likely did.”
The attorney continued, “but because [Michele] had also written a song about a similar struggle, Upgraded 2.0, that shared a handful of common words with “Smile,” [Michele] mistook coincidence for copyright infringement.”
Katy’s team also argued Michele had not properly registered for a copyright. In addition, they argued that there was no evidence Katy had any access to Michele’s song. In February 2022, a federal judge dismissed all claims against Katy.
The court order read, “the court finds the identified lyrical passages of “Upgraded 2.0” and “Smile” are not sufficiently similar to establish striking similarity and a presumption of access, as a matter of law.”
On October 23, Michele filed an appeal of the decision dismissing her case. The songwriter was represented by a Los Angeles-based attorney instead of representing herself.
She accused the lower court judge of making errors when making the ruling. Katy has yet to respond to the appeal.
Back in 2019, a jury found Katy and Juicy J were liable for copyright infringement over their 2013 hit “Dark Horse.”The $2.8 million verdict was thrown out on appeal.
As In Touch previously reported, Katy is preparing to testify at phase two of her trial with an 85-year-old disabled veteran.
English (US) ·