Led Zeppelin Going to Trial Over "Stairway to Heaven" Copyright Claim

Led Zeppelin‘s “Stairway to Heaven” is headed before a jury. In May 2014, a trustee for the estate of former Spirit guitarist Randy California (real name: Randy Wolfe) filed a lawsuit against Zeppelin for copyright infringement. The suit claimed Jimmy Page’s introduction to the 1971 classic “Stairway” was improperly inspired by Spirit’s 1968 instrumental “Taurus” after the two bands toured together. The case eventually moved to a federal court in California, where Zeppelin in February asked a judge to decide in their favor without a trial. On Friday, U.S. District Court Judge Gary Klausner ruled that the introduction to “Stairway” sounds enough like “Taurus” for a jury to hear both sides. A trial is set for May 10 in Los Angeles.

Page and Robert Plant, the co-writers of “Stairway,” are the band members facing trial. Klausner’s decision removed bassist John Paul Jones from the case. Citing a 1967 contract, Klausner also ruled that Michael Skidmore, the trustee for Wolfe’s estate, may collect only half of any damages. Klausner wrote in the ruling, “While it is true that a descending chromatic four-chord progression is a common convention that abounds in the music industry, the similarities here transcend this core structure.”

Francis Alexander Malofiy, a lawyer for Skidmore, told Reuters, “This case, from our perspective, has always been about giving credit where credit was due, and now we get to right that wrong.” 

Update (3:11 p.m.): Malofiy praised the decision to Pitchfork. “I don’t believe a jury will be as forgiving as Led Zeppelin’s fans,” he said, adding that the band “can still bridge division and give the credit that’s due.” Asked about the possibility of a settlement, he said that “it comes down to credit,” and until Zeppelin’s side is willing to give that an offer would be a “nonstarter.” He also alluded to the band’s history of copyright infringement cases. That includes out-of-court settlements involving “Whole Lotta Love,” which is now co-credited to blues musician Willie Dixon, and “Dazed and Confused,” which was released two years after folk singer Jake Holmes recorded his own “Dazed and Confused.”

Pitchfork has also reached out for comment from Helene M. Freeman, who represents Zeppelin.

“Stairway” appears on Led Zeppelin IV, which the band reissued in October 2014.

The case will be the third music-related copyright infringement dispute to go before a Los Angeles federal jury recently, the Associated Press notes. In March 2015, a jury ruled Pharrell and Robin Thicke’s “Blurred Lines” copied Marvin Gaye. Last October, a judge dismissed a lawsuit against Jay Z and Timbaland over Jay Z’s 1999 hit “Big Pimpin’” before the jury started deliberating in the case.

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