The music industry is watchingĪfter recent plagiarism cases like the one centered on the 2013 hit “Blurred Lines,” in which Mr. Skidmore’s lawyer, Francis Malofiy, filed suit, arguing that “Stairway to Heaven” copied “Taurus.” He also threw in the novel claim of “falsification of rock ’n’ roll history,” which was dismissed. In 2014, the Supreme Court offered an opening when it ruled - in a case involving the film “Raging Bull” - that copyright suits could be brought even after long delays. Skidmore considered suing but was discouraged by a longstanding statute of limitations. Jorgen Angel/Redferns, via Getty ImagesĪfter his death, his song rights were placed in a trust now controlled by Michael Skidmore, a music journalist. Randy Wolfe, who performed as Randy California, with Spirit in 1970. Why did the plaintiffs wait more than 40 years after “Stairway to Heaven” was released to bring the case? For one thing, the wishes of the author of “Taurus” were unclear. Page even testified that “Stairway to Heaven” was reminiscent of the “Mary Poppins” song “ Chim Chim Cher-ee,” from 1964. ![]() “Music copyright infringement cases are infinitely more difficult than any other kind of copyright infringement case, period,” said Paul Goldstein, a professor at the Stanford Law School who is an expert in copyright law.Īt the 2016 trial, Led Zeppelin’s lawyers argued that what little the two songs had in common - similar chord progressions and a descending chromatic scale - had popped up in music for over 300 years. And many litigators and copyright scholars say music cases are especially complex, since they often come down to whether a song’s composition is truly original or draws on elements so common that they are available to any songwriter. Questions like that can be difficult for a lay juror to answer. Are they similar enough to “Taurus” to make it a copy? Filter out the audio production and performance flashes from Led Zeppelin’s eight-minute studio version, and what remains are the song’s basic melodies, chords and structure. But the “Stairway to Heaven” lawsuit is about composition, not how the song was recorded. But then the Ninth Circuit judges voted to hold a new appeal en banc.Īlmost anyone who listens to the two songs would say they bear at least some resemblance to each other. Last year, an appellate court ordered a new trial, saying the jury had not received proper instructions. Since then, the case has had a complex history. Plant beat the challenge at trial in 2016. Plant, accusing them of stealing the opening to “Stairway to Heaven” from “ Taurus,” a 1968 Spirit song written by Mr. ![]() ![]() “So there’s some possibility that the court may take a big swing here.” Original material vs. Fishman, an associate professor at the Vanderbilt Law School in Nashville. “Appeals courts rarely take a case en banc, and they almost never do so in a copyright case,” said Joseph P. Legal experts and music executives alike are hoping for a clarification from the judges of the United States Court of Appeals for the Ninth Circuit, who will hear the Led Zeppelin case “en banc,” or as a full panel. Cases involving “Stairway to Heaven,” “Dark Horse” and Robin Thicke’s “ Blurred Lines” have raised questions about which aspects of music can be protected by copyright and which are fair game.
0 Comments
Leave a Reply. |