Led Zeppelin to Face Retrial Over ‘Stairway’

Discussion in 'Music Corner' started by segue, Sep 28, 2018.

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  1. segue

    segue Psychoacoustic Member Thread Starter

    Location:
    Hawai'i
    ➡ Appeals Court Revives Copyright Case Over Led Zeppelin's "Stairway to Heaven"

    Led Zeppelin will have to re-do a trial on whether the song is an infringement of Spirit's "Taurus" after the Ninth Circuit flags improper jury instructions and says the jury should have gotten to hear the recording.

    A copyright battle over Led Zeppelin's iconic song "Stairway to Heaven" is back on after the Ninth Circuit Court of Appeals on Friday partially vacated the trial court's judgment in favor of the band and remanded the case for a new trial.

    The lawsuit was brought by Michael Skidmore, the Trustee for deceased songwriter Randy Wolfe (best known as Randy California), who composed Spirit's "Taurus" in the late 1960s. The complaint — 43 years in the making after much discussion in the musical community over whether "Stairway to Heaven" plagiarized "Taurus" — explicitly demanded a rewriting of rock history.

    In June 2016, Led Zeppelin prevailed at trial after the jury heard Led Zeppelin members Jimmy Page and Robert Plant testify, as well as a Spirit bandmember, musicologists and other witnesses about the similarity between the songs. The jury didn't hear the recording of "Taurus" because the song was copyrighted before sound recordings were covered under federal law.

    In today's opinion, a panel of appellate justices holds that the jury was improperly instructed about unprotectable music elements and improperly instructed on originality. Although the panel confirms that the scope of protection for an unpublished musical work under the old copyright law is defined by what was deposited with the Copyright Office and that the playing of "Taurus" couldn't be used to prove substantial similarity, the 9th Circuit determines that the recording should nevertheless have been played for the purpose of demonstrating Led Zeppelin's access to the song....(continues)

    Original thread is here:
    Court Rules Plant, Page Must Face "Stairway to Heaven" Jury Trial/ Decision*
     
    Last edited: Sep 28, 2018
  2. What a bunch of Taurus Sh**!
     
    Vincent3, JNTEX, bob_32_116 and 19 others like this.
  3. ElevateMeLater

    ElevateMeLater Jesus of Cool

    Location:
    USA
    this case seems to last even longer than the song itself
     
    fer2, Vincent3, andrewskyDE and 48 others like this.
  4. segue

    segue Psychoacoustic Member Thread Starter

    Location:
    Hawai'i
    Here is a link to decision released today, for fellow entertainment law people...

    ➡ ➡ cdn.ca9.uscourts.gov/datastore/opinions/2018/09/28/16-56057.pdf

    (excerpt)
    This copyright case involves a claim that Led Zeppelin copied key portions of its timeless hit “Stairway to Heaven” from the song “Taurus,” which was written by Spirit band member Randy Wolfe. Years after Wolfe’s death, the trustee of the Randy Craig Wolfe Trust, Michael Skidmore, brought this suit for copyright infringement against Led Zeppelin, James Patrick Page, Robert Anthony Plant, John Paul Jones, Super Hype Publishing, and the Warner Music Group Corporation as parent of Warner/Chappell Music, Inc., Atlantic Recording Corporation, and Rhino Entertainment Co. (collectively, “Defendants”).

    The case proceeded to a jury trial, and the jury returned a verdict in favor of Defendants. Skidmore appeals, raising a host of alleged trial errors and challenging the district court’s determination that for unpublished works under the Copyright Act of 1909 (“1909 Act”), the scope of the copyright is defined by the deposit copy.

    We hold that several of the district court’s jury instructions were erroneous and prejudicial. We therefore vacate the amended judgment in part and remand for a new trial. For the benefit of the parties and the district court on remand, we also address whether the scope of copyright protection for an unpublished work under the 1909 Act is defined by the deposit copy. We hold that it is. We also address several other evidentiary issues raised by Skidmore that are likely to arise again on remand. Finally, in light of our disposition,

    PAEZ, Circuit Judge:

    •SKIDMORE V. LED ZEPPELIN

    we vacate the denial of Defendants’ motions for attorneys’ fees and costs and remand those issues as well.
     
    Last edited: Sep 28, 2018
  5. David Johnson

    David Johnson Forum Resident

    Location:
    Atlanta Georgia
    Oh my god, ground hog day all over again!
     
    jwjeffrey, zbir and Terrapin Station like this.
  6. BluesOvertookMe

    BluesOvertookMe Forum Resident

    Location:
    Houston, TX, USA
    Obscure? Maybe if you don't like music.
     
    averica, sbsugar and SG47 like this.
  7. SkeeterD

    SkeeterD Well-Known Member

    Location:
    Canada
    There's only 12 notes... these things are just inevitable.

    Lawsuits however, shouldn't be.
     
    Paully, izgoblin, nick99nack and 10 others like this.
  8. Efus

    Efus Senior Member

    Location:
    USA
    Never underestimate the American legal system's ability to gin up billable hours for the legal profession.....
     
    fer2, crispi, kronning and 34 others like this.
  9. FireOnHigh

    FireOnHigh Forum Resident

    Is this stupid thing still going on? Jeez, will people ever learn to give that up already?
     
  10. segue

    segue Psychoacoustic Member Thread Starter

    Location:
    Hawai'i
    Be thankful the U.S. justice system allows for appeal when it is ruled "The jury instructions were erroneous and prejudicial"



     
    Last edited: Sep 28, 2018
  11. MikaelaArsenault

    MikaelaArsenault Forum Resident

    Location:
    New Hampshire
  12. HotelYorba101

    HotelYorba101 Senior Member

    Location:
    California
    I mean this is just purely monetary right? It is the estate of a dead guy who is suing over one of the most famous rock songs ever that apparently when the actual band Spirit was active didn't think warranted a lawsuit.
     
    Digital-G, hardknox, Donniej and 14 others like this.
  13. beatleroadie

    beatleroadie Forum Resident

    Man, today I was in an antiques store and heard an old blues song (sounded like it was recorded in the early 1960s, maybe late 50s), and the acoustic guitar part sounded A LOT like the acoustic part of "Stairway". I didn't recognize the song, and of course the radio didn't announce what it was while I was in the shop...
     
    OptimisticGoat and Fullbug like this.
  14. aphexj

    aphexj Sound mind & body

    I like music and the only time I've ever, ever heard about "Taurus" is in this context
     
    fer2, PapaMuerte, TheVU and 11 others like this.
  15. Llyrren

    Llyrren Well-Known Member

    Location:
    Europe
    Just someone wants to get a lot of gold in their chests.
     
  16. Mazda

    Mazda The mystic one

    jesus.

    that chord progression is quite common in music, just a bass rundown by four chords! come on. its a neat voicing and could have inspired jimmy, but it does not qualify as plagiarism.
    "Stairway" has another melody altogether as a counterpoint - which is absent from "Taurus" - and also Jimmy resolves that first harmonic sequence in a different way.

    anyway we've been through this already.
     
  17. Scott Sheagren

    Scott Sheagren I’m a Metal,Rock,Jazz Fusion,Gaga type of guy.

    Location:
    06790
    Well Led Zeppelin have stolen a lot of riffs from people.the first 2 albums are pretty much cover albums of other people songs.
     
  18. BluesOvertookMe

    BluesOvertookMe Forum Resident

    Location:
    Houston, TX, USA

    Are you a big fan of Led Zeppelin?
     
  19. ky658

    ky658 Senior Member

    Location:
    Ft Myers, Florida
    I guess they won't just let this go, wow!
     
  20. aphexj

    aphexj Sound mind & body

    If I'm honest, no. Respect them very much and I own most of their albums (inherited a bunch) but they rarely get played
     
  21. tyinkc

    tyinkc Senior Member

    Location:
    Fontana, Wisconsin
    This is getting silly. Enough already!
     
    Terrapin Station likes this.
  22. forthlin

    forthlin Member Chris & Vickie Cyber Support Team

    I'm a bit surprised at another suit, but I'm guessing the potential payday for the Wolfe estate must be enormous.
     
    MoonPool likes this.
  23. Tristero

    Tristero In possession of the future tense

    Location:
    MI
    This is an exaggeration, of course, though obviously they did rip off some artists that they later had to settle with. That doesn't make this particular case valid, however. As noted above, that descending chord sequence was pretty common in folk music back then. Page took it and did something completely different with it. I love Spirit, but this suit is a crock.
     
  24. Aftermath

    Aftermath Senior Member

    I guess the piper won't lead us to reason after all.
     
    WarGene, pexie, GoodKitty and 14 others like this.
  25. dee

    dee Senior Member

    Location:
    ft. lauderdale, fl
    So now the jury will be able to hear in court the two studio recordings, unlike last time?
     
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