By Jem Aswad. Senior Music Editor. Indeed, some music attorneys with expertise in copyright law question the wisdom of placing such complex matters before a jury. So typically it goes to a jury, whereas with something similar in a film, the judge would have no problem dismissing the case. Some experts have proposed that such cases should go before an expert arbitration panel rather than a jury. Criminal defendants with complex issues like DNA that require scientific expert testimony, whose lives are on the line, are placed before a jury. And in a twist on conventional knowledge, in such cases the odds often are stacked against the superstar, who has much to lose as a defendant, while the plaintiffs may stand to lose almost nothing. Music attorney William Hochberg agrees. But labels and publishers often have indemnity as well, and either way Perry may have to give up a portion of her publishing from the song. The judge could look at the verdict and set it aside if there is not substantial evidence to support it.
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It was originally released on September 17, , by Capitol Records as the first promotional single from Perry's fourth studio album , Prism Three months later, it was released as the third official single on December Both artists co-wrote the song with its producers, Max Martin , Cirkut , and Dr. Luke , alongside Sarah Hudson. It was conceived by Perry and Hudson during a writing session in Perry's hometown of Santa Barbara, California , and Juicy J was later commissioned for a verse on the song. The track features a minimal production, with a "seductive" and "mature" tone to Perry's vocals, while Juicy J is featured on the song's intro and rapped bridge. Perry, in interviews, said she wanted the song to have a "witchy, spell -y kind of black magic -y idea", so she wrote it from the perspective of a witch warning a man not to fall in love with her because if he does, she will be his last. The song was part of a competition sponsored by Pepsi in which fans could vote via Twitter on whether they would prefer either "Dark Horse" or " Walking on Air " to be released as the first promotional single from Prism. It also reached the top ten in almost 20 countries including New Zealand , United Kingdom, Sweden and Venezuela as well as the Digital Songs chart of Billboard magazine. The song's first major television performance was at the 56th Annual Grammy Awards on January 26,