'Stairway to Heaven' Copyright Trial Could End Quickly

UPI ^ | June 15, 2016 | Yvette C. Hammett

[nickcarraway]

Led Zeppelin's Stairway to Heaven copyright trial could end as quickly as it got started Tuesday over whether a video played as evidence was properly submitted in the case.

Almost immediately a debate arose about a possible mistrial as a result of the dispute, the Independent reported.

Band frontman Robert Plant and guitarist Jimmy Page are facing a jury trial over claims they stole their iconic 1971 song's introduction from Spirit's 1967 instrumental track Taurus, The plaintiff's lawyer Francis Alexander Malofiy said previously that this case is about "credit where credit is due" not winning damages.

Malofiy is seeking a single $1 settlement along with a writing credit for Spirit guitarist and composer Randy California, whose real name is Randy Wolfe. California's trustees would then receive future profits from Stairway to Heaven.

US District Judge Gary Klausner already ruled in April that Stairway to Heaven bears "substantial" similarities with Taurus after Michael Skidmore, a trustee for California, filed a lawsuit alleging that Page was inspired to write the hit song after touring with Spirit in the late 1960s.

Page, 72, and Plant, 67, were both "incredible performers, incredible musicians but they covered other people's music and tried to make it their own," Malofiy said.

But the band's lawyer Robert Anderson said the two men "created Stairway to Heaven independently without resort to Taurus or without copying anything in Taurus." He said there is no proof Led Zeppelin even heard Taurus until decades after creating Stairway to Heaven, BBC reported.

Anderson said the part of the song in dispute is a sequence of notes in the opening bars,a "descending chromatic line...something that appears in all kinds of songs".

He said such a "commonplace" musical device that dates back centuries is not protected by copyright and was not actually owned by the plaintiff.

Plant and Page both looked relaxed during the trial's opening, their hair pulled back in ponytails, occasionally leaning toward each other to discuss evidence being presented.

Music from The Beatles, Elvis Presley and The Sound of Music all were invoked during opening statements in the trial, which is expected to last four or five days.

[Rio]

Taurus: https://www.youtube.com/watch?v=xd8AVbwB_6E

[Huck]

Zeppelin were petty thieves, but not in this case. It truly is a very commonplace, centuries-old device. A cliche, even.

[IYAS9YAS]

It’s my understanding that it’s not even the members of Spirit who’ve brought this suit, but the trustee for the estate of one of the members. Is that correct?

[nickcarraway]

The trustee of the songwriter.

[IYAS9YAS]

It’s my understanding that it’s not even the members of Spirit who’ve brought this suit, but the trustee for the estate of one of the members. Is that correct?

Okay, so it's a trustee for the estate of founding member Randy California, and still-living original bassist Mark Andes filing the suit.

Why now? Why not back in 1971 when Stairway to Heaven was released?

[Huskrrrr]

I remember a similar case. Representatives for Huey Lewis and the News claimed Ray Parker Jr. sole a part of “I want a New Drug” and used it in “Ghostbusters”. Ironically a guitar riff from “Purple Haze” was heard in the Huey Lewis tune.

[circlecity]

I take it they don’t have copies of Spirit’s play lists during the time they were opening for the Zep.

[IYAS9YAS]

Thanks. I looked up some information. Supposedly the bassist is in on the suit, as well.

Again, I ask why now? And why not in 1971?

[Fiji Hill]

I love that song--a Top 10 hit from the spring of 1960.

Stairway to Heaven

[circlecity]

I recall watching a youtube video where they compared about 7 Zep songs to earlier, original tunes from other artists and they were all a spot on match. Zep stole a bunch of material.

[nickcarraway]

They spaced.

[IYAS9YAS]

They spaced.

Long trip, man.

[SoCal Pubbie]

Lots of musicians “borrowed” bits from others dating at least back to Beethoven and Mozart. The only clear cut case of absolute theft that I agree Zeppelin stole was Dazed and Confused. There was simply no justification for that.

[Major Matt Mason]

Other than the short guitar part towards the beginning, I hear nothing in this song that makes me think that LZ are guilty of plagiarism, and even the guitar part is debatable.

[Larry Lucido]

When it comes to hymns, I prefer In The Garden of Eden by I. Ron Butterfly.

[IYAS9YAS]

When it comes to hymns, I prefer In The Garden of Eden by I. Ron Butterfly.

Wait a minute... this sounds like rock and/or roll.

[deek69]

The only thing that comes to mind is background music on a discovery channel show about space

[gigster]

You are correct, a trustee brought the suit against Page and Plant. I am a musician, and can say there are some similarities in Taurus to STH, but the song is so ubiquitous now, in terms of recognition and over four decades of airplay, that it would be hard to rule against Page and Plant. While Randy Wolfe(California) was a very talented guitarist, he was no Jimmy Page. I saw Spirit one time in my over forty years of concert-going. They were the back-up band to Bob Seger on Sept.4, 1975 at Cobo Arena, in Detroit, when Seger recorded his "Live Bullet" album, which is widely regarded as one of the best live rock albums ever recorded. My brother bought a block of twenty five seats on the main floor, and needless to say, it was quite a party.Spirit played their back-up set, and Randy California was so enthusiastic and pumped up playing, that he wouldn't end the set when the time came. So, ultimately, they cut the power to the amps and turned the house lights on in the arena. Then Seger came on and played his historic concert. And by the way, Detroit audiences were the greatest, as Seger said. That concert is still fresh in my memory forty years later.

[rjsimmon]

The Taurus song is beautiful and StH does share some similarities. However, if they are claiming that StH copies from Taurus, then Taurus is guilty of copying from Bach’s harpsichord concertos.