Judge clears Led Zeppelin's 'Stairway to Heaven' copyright case for trial

[webfact]

Judge clears 'Stairway to Heaven' copyright case for trial
ANTHONY McCARTNEY, AP Entertainment Writer

LOS ANGELES (AP) — A trial is needed to determine if Led Zeppelin's "Stairway to Heaven" copies its opening notes from a song performed by the rock band Spirit, a federal judge has ruled.

U.S District Judge R. Gary Klausner ruled Friday that lawyers for the trustee of late Spirit guitarist Randy Wolfe had shown enough evidence to support a case that "Stairway to Heaven" copies music from the Spirit song "Taurus."

"Taurus" was written by Wolfe in either 1966 or 1967, years before Led Zeppelin released "Stairway to Heaven" in 1971. Klausner wrote that while the songs have some differences, lawyers for Wolfe's trustee may be able to prove they are substantially similar.

Led Zeppelin and Spirit performed at some concerts and festivals around the same time, but not on the same stage. Klausner wrote that the evidence presented so far represented a circumstantial case that Led Zeppelin may have heard "Taurus" performed before "Stairway to Heaven" was created.

After-hours phone and email messages sent to Helene M. Freeman, Led Zeppelin's attorney, were not immediately returned. Experts hired by the band contend both "Stairway to Heaven" and "Taurus" use notes that have been used in music for centuries.

Francis Alexander Malofiy, attorney for Wolfe's trustee Michael Skidmore, praised the ruling. He said while many copyright cases are an uphill battle, Klausner's ruling brings his client one step closer to getting Wolfe credit for helping create one of the most recognizable song introductions in rock history.

Skidmore was able to overcome statute-of-limitations hurdles to sue over "Stairway to Heaven" because the song was remastered and re-released in 2014.

A jury trial is scheduled for May 10 in Los Angeles. Klausner's ruling removed Zeppelin band member John Paul Jones from the case. Bandmates Robert Plant and Jimmy Page remain defendants in the case.

A trial would represent the third time in recent months that a Los Angeles federal jury has heard a copyright-infringement case involving a hit song. In March 2015, a jury found that Robin Thicke and Pharrell Williams had copied a Marvin Gaye song to create their 2013 hit, "Blurred Lines" and awarded Gaye's children $7.4 million. A judge trimmed the award, and the verdict is under appeal.

Later in the year, another jury was empaneled to determine whether the Jay-Z hit "Big Pimpin'" copied the work of an Egyptian composer, but a judge ruled in the rapper's favor before deliberations began.

-- (c) Associated Press 2016-04-12

[vogie]

I always thought that Led Zepp stole it from Rolf Harris?

[SpokaneAl]

It will be an interesting case to follow and a tough one to prove. Over the years it has seemed that Led Zeppelin played a bit fast and loose in appropriating licks and songs from the old blues guys, and were made, on more than one occasion, to credit the song to the original composer.

[SunsetT]

They should come to Thailand. I often hear familiar tunes in Thai pop songs which have probably been pirated from western hits.

[slipperylobster]

Fairly soon, it will be quite difficult to tell what notes/progressions/lyrics belong to what band. How many tunes are out there that use the same chord progression? I seen a youtube video of a guy playing 24 songs that all used the same progression.

[Steely Dan]

I'm not a musician but do produce artwork. The whole area of copyright is extremely complicated. Some people are top down thinkers who may copy small sections of work done before, but thought of said sections as components within a larger original idea. Those who think of things from the bottom up no doubt view the same thing as appropriation. I'm not sure whether intent is the key deciding factor and how a jury judges whether two things seemingly similar are so due to happenstance and not plagiarism.

[SpokaneAl]

This reminds me of George Harrison's legal issues.

http://performingsongwriter.com/george-harrison-my-sweet-lord/

[Prbkk]

The opening bars are virtually indistinguishable.

[rijit]

Ha, all reports I've ever heard of zepplin point to. Them being a skanky bunch of dregs, what ever the outcome it'll always be a.great tune they should be happy. As for having ideas nicked'adapted and or re used, it totally sucks and weird but it scars, If proven the perp deserves to pay.

Sent from my GT-I9000 using Thaivisa Connect Thailand mobile app

[zyphodb]

The opening bars are virtually indistinguishable.

Are you tone deaf??????

[helpisgood]

The opening bars are virtually indistinguishable.

YouTube has a short video that plays the opening of both songs (To my untrained ear, maybe the first bar is the same or very close. But after that, Stairway goes into a different direction):

Edited April 12, 2016 by helpisgood

[helpisgood]

For those who can read music, here one site with the opening chords (assuming that they are right) of each song:

http://www.guitaretab.com/s/spirit/61731.html

[Jedsada3]

[pacovl46]

Led Zeppelin stole so much and never gave credit where it was due! I hope the case goes through!

[alfalfa19]

I remember Spirit and their guitarist, Randy California. I guess Wolfe was his real name? They were one of my favorite bands.

[up-country_sinclair]

I found that this video gave an interesting comparison.

[Scouse Twoccer]

For those who can read music, here one site with the opening chords (assuming that they are right) of each song:

http://www.guitaretab.com/s/spirit/61731.html

Those of us that can read music read sheet music such as this...

http://www.musicnotes.com/sheetmusic/mtd.asp?ppn=MN0020073,

not whatever that was that you linked to.

[Andaman Al]

There are only so many chord progressions. If you learn 6 basic chords you can play almost any Beatles song there is. Listening to the music, I do not think there is a valid claim here. The Led Zep composition for Stairway is far more complex than Taurus.

[musiclover]

There are only so many chord progressions. If you learn 6 basic chords you can play almost any Beatles song there is. Listening to the music, I do not think there is a valid claim here. The Led Zep composition for Stairway is far more complex than Taurus.

That is total nonsense ! 6 basic chords will not enable you to play almost any Beatles songs, unless you don't include key changes etc..... Minor and major keys ? Major 7ths ?? Minor7ths?? Plenty of those in those songs...

I agree with you however there is no valid claim ...unless it can be proven that Zepp actually heard this intro personally.......it's a pretty hackneyed progression anyway and hardly original ..either of them

[musiclover]

They should come to Thailand. I often hear familiar tunes in Thai pop songs which have probably been pirated from western hits.

Not probably !!!!!!! Quite deliberately . I personally witnessed this in the Thai music industry where teams of writers would comb Western albums for melodies which they could "use" for the Thai market !

When I brought this to their attention they flew into a rage saying it was the Thai way ...another to interfere

Sabai Sabai anyone ????? (Copy of Cilla Black hit )

But Led Zeppelin copy? I don't think so ....as chord progression so old and well used previously

[JHolmesJr]

If led zep loses, wonder if jimmy will be forced to put up in soi buakhao with the rest of the bingo players.

[Basil B]

A copyright claim after 45 years, another ludicrous US litigation, the only winners will be the lawyers win or lose they win$$$

In 1971 I was still at school, in my class was a very pretty girl and her family name was Plant ... Robert was her uncle.

[bendejo]

This reminds me of George Harrison's legal issues.

http://performingsongwriter.com/george-harrison-my-sweet-lord/

This one has always been suspicious IMO. In previous tellings of the tale Phil Specter was the recipient of the spoils, and I never could figure out how that could be when he was the one producing the record.

As for this Led Zep case, isn't there a statute of limitations? The fellow who played the opening organ riffs on "Whiter Shade of Pale" sued a few years ago that he should get a piece of the royalties because he authored the intro. A UK judge said if he was serious he should have filed the suit long ago -- threw the case out.

In the 1970s a local San Francisco band did a medley of Stairway with the theme from Gilligan's Island (a US TV comedy show back in the 1960s), sent a copy to an SF radio station and the listeners loved it. After a few weeks the station was given a cease & desist order from Zep's lawyers. I would guess it's out there on the net somewhere.

[slipperylobster]

Anyways...

More than half a century has gone by. Seems to me that this should of been hashed out years ago.

Rappers don't have this problem.... curiously. With their music (and lyrics).

Edited April 12, 2016 by slipperylobster

[SpokaneAl]

There are only so many chord progressions. If you learn 6 basic chords you can play almost any Beatles song there is. Listening to the music, I do not think there is a valid claim here. The Led Zep composition for Stairway is far more complex than Taurus.

That is total nonsense ! 6 basic chords will not enable you to play almost any Beatles songs, unless you don't include key changes etc..... Minor and major keys ? Major 7ths ?? Minor7ths?? Plenty of those in those songs...

I agree with you however there is no valid claim ...unless it can be proven that Zepp actually heard this intro personally.......it's a pretty hackneyed progression anyway and hardly original ..either of them

Actually LZ opened for Spirit in a number of shows and heard this song virtually every night during that period. That is kind of the basis for the lawsuit. Edited April 12, 2016 by SpokaneAl

[SpokaneAl]

Anyways...

More than half a century has gone by. Seems to me that this should of been hashed out years ago.

Rappers don't have this problem.... curiously. With their music (and lyrics).

There has been a battle for a number of years on behalf of Randy California's estate to bring this to trial.

[SpokaneAl]

I remember Spirit and their guitarist, Randy California. I guess Wolfe was his real name? They were one of my favorite bands.

Jimi Hendrix liked Wolfe and his guitar playing and gave him the name Randy California.

[Ulysses G.]

Anyways...

More than half a century has gone by. Seems to me that this should of been hashed out years ago.

Rappers don't have this problem.... curiously. With their music (and lyrics).

There has been a battle for a number of years on behalf of Randy California's estate to bring this to trial.

Other than a few initial notes, the songs sound nothing alike. Randy California himself did not sue, because it is frivolous lawsuit. Too bad his heirs are so greedy.

[SpokaneAl]

Anyways...

More than half a century has gone by. Seems to me that this should of been hashed out years ago.

Rappers don't have this problem.... curiously. With their music (and lyrics).

There has been a battle for a number of years on behalf of Randy California's estate to bring this to trial.

Other than a few initial notes, the songs sound nothing alike. Randy California himself did not sue, because it is frivolous lawsuit. Too bad his heirs are so greedy.

Dup posting removed. Edited April 13, 2016 by SpokaneAl

[SpokaneAl]

Anyways...

More than half a century has gone by. Seems to me that this should of been hashed out years ago.

Rappers don't have this problem.... curiously. With their music (and lyrics).

There has been a battle for a number of years on behalf of Randy California's estate to bring this to trial.

Other than a few initial notes, the songs sound nothing alike. Randy California himself did not sue, because it is frivolous lawsuit. Too bad his heirs are so greedy.

Yes, it is true that he never initiated a lawsuit. There are a number of sources who say that this bothered him for many years up until his death and he could not understand why LZ did not/ would not acknowledge the attribution.

Edited April 13, 2016 by SpokaneAl