Led Zeppelin pair face trial over ‘Stairway to Heaven’
Copyright infringement suit alleges similarities to ‘Taurus’
Led Zeppelin’s “Stairway to Heaven” has faced a lot of accusations in the 45 years since it was released. It’s overplayed, some say, particularly at high volumes by dudes trying to impress other dudes at guitar shops. It’s overlong, say others. And, for years, people have said “Stairway” sounds a lot like “Taurus” — a song by a much less famous band called Spirit who performed it allegedly while sharing bills with Zeppelin in the late 1960s.
But after decades of gossip, members of Led Zeppelin — specifically, singer Robert Plant and guitarist Jimmy Page, the writers of “Stairway” — will face a jury trial on May 10. The question: Did they copy at least some parts their most famous song?
“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,” U.S. District Judge Gary Klausner of the Central District of California wrote in a 20page opinion denying, in part, Led Zeppelin’s motion for summary judgment. “For example, the descending bass line in both Taurus and Stairway to Heaven appears at the beginning of both songs, arguably the most recognizable and important segments . . . . Additionally, the descending bass line is played at the same pitch, repeated twice, and separated by a short bridge in both songs.” Citing another opinion, he added: “Enough similar protectable expression is here that the issue of substantial similarity should [proceed to the jury].”
“This case, from our perspective, has always been about giving credit where credit was due, and now we get to right that wrong,” said Francis Malofiy, a lawyer for the plaintiff.
Michael Skidmore v. Led Zeppelin et al. was brought by Michael Skidmore, a trustee for Randy Wolfe of Spirit, who died in 1997. Wolfe, a.k.a. Randy California, wrote “Taurus” in 1967, the suit said; the two sides can’t agree on whether Page and Plant, before they wrote “Stairway,” heard Spirit play “Taurus” while playing at music festivals in the late 1960s.
In 1991, Wolfe said Led Zep “used to come up and sit in the front row of all (Spirit’s) shows and became friends . . . and if they wanted to use (‘Taurus’), that’s fine,” adding, “I’ll let (Led Zeppelin) have the beginning of ‘Taurus’ for their song without a lawsuit.” But this declaration, the court said, doesn’t mean Wolfe abandoned his claim, noting testimony that he had contemplated a lawsuit in the 1980s.
Both plaintiff and the defendants had experts review the songs to determine whether they were soundalikes. One of Skidmore’s experts noted “the presence of acoustic guitar, strings, recorder/flute sounds, and harpsichord as well as the noticeable absence of bass and drums (and other instruments characteristic of rock and roll) lend both songs a decidedly ‘classical’ style, particularly evoking a Renaissance atmosphere.”