A jury on Monday found that pop star Katy Perry’s 2013 smash hit “Dark Horse” improperly copied a 2009 Christian rap song, now attorneys for the creators of the original work say the record raked in a whopping $41 million, and they want their cut.
However, an agreement entered into court on Tuesday states that Perry only pocketed $3.2 million from "Dark Horse," while incurring $800,000 in costs.
The case will now head to a penalty phase, where the jury will decide how much the plaintiffs are owed for copyright infringement.
“Dark Horse,” a hybrid of pop, trap and hip-hop sounds that was the third single of Perry’s 2013 album “Prism,” spent four weeks atop the Billboard Hot 100 in early 2014, and earned Perry a Grammy nomination.
The damages phase of the trial is scheduled to begin with opening statements in a Los Angeles federal court on Tuesday and is expected to last two days. It will include testimony from experts and executives on how much the song is worth.
The bulk of the penalty phase will focus on Capitol Records, whose attorneys say the label earned $31 million from the song but after costs, its profits were a mere $630,000.
Testimony into the costs is slated to begin on Wednesday.
Fox News’ Frank Miles and the Associated Press contributed to this report.