Please ensure Javascript is enabled for purposes of website accessibility
New Trial Ordered in 'Stairway to Heaven' Copyright Lawsuit
gvw_ap_news
By Associated Press
Published 7 years ago on
September 30, 2018

Share

SAN FRANCISCO — A U.S. appeals court on Friday ordered a new trial in a lawsuit accusing Led Zeppelin of copying an obscure 1960s instrumental for the intro to its classic 1971 rock anthem “Stairway to Heaven.”
A federal court jury in Los Angeles two years ago found Led Zeppelin did not copy the famous riff from the song “Taurus” by the band Spirit. But the three-judge panel of the 9th U.S. Circuit Court of Appeals ruled unanimously that the lower court judge provided erroneous jury instructions. It sent the case back to the court for another trial.
A phone message left with an attorney for Led Zeppelin, Peter Anderson, was not immediately returned.
Michael Skidmore, a trustee for the estate of late Spirit guitarist Randy Wolfe, filed the law suit against Led Zeppelin in 2015.
Jurors returned their verdict for Led Zeppelin after a five-day trial at which band members Jimmy Page and Robert Plant testified.
Page says he wrote the music and Plant has claimed the lyrics, saying “Stairway” was an original. In several hours of often-animated and amusing testimony, they described the craft behind one of rock’s best-known songs.

Jury Found Songs Not Substantially Similar

The jury found “Stairway to Heaven” and “Taurus” were not substantially similar, according the 9th Circuit ruling.

“This error was not harmless as it undercut testimony by Skidmore’s expert that Led Zeppelin copied a chromatic scale that had been used in an original manner.” — Circuit Judge Richard Paez
But U.S. District Judge R. Gary Klausner failed to advise jurors that while individual elements of a song such as its notes or scale may not qualify for copyright protection, a combination of those elements may if it is sufficiently original, 9th Circuit Judge Richard Paez said.
Wesley Lewis, an attorney who handles copyright cases at the firm, Haynes and Boone, said that was an important copyright principle that could prompt jurors to think differently about the case.
Klausner also wrongly told jurors that copyright does not protect chromatic scales, arpeggios or short sequences of three notes, the 9th Circuit panel found.
“This error was not harmless as it undercut testimony by Skidmore’s expert that Led Zeppelin copied a chromatic scale that had been used in an original manner,” Paez said.

Another Misleading Jury Instruction

The panel also found another jury instruction misleading. Francis Malofiy, an attorney for Skidmore, said in a statement his client faced “unfair rulings at the trial court level” and looked forward “to the challenge of a fair fight.”

“I believe that ruling alone has the potential of changing the outcome at the next trial because the jury will finally get to compare ‘apples to apples.'”Steven Weinberg, a copyright lawyer
“Today, we are proud that three esteemed jurists from the 9th Circuit recognized the battle that we fought and the injustice that we faced,” he said.
One of the issues that came up at trial was that jurors could only listen to experts’ renditions of the sheet music for “Taurus,” not the recorded version of the song as performed by Spirit.
Steven Weinberg, a copyright lawyer who watched the trial, said the sheet music for “Taurus” wasn’t faithful to the recording, so jurors could not fairly compare the songs.
The 9th Circuit in its ruling Friday said jurors should have been allowed to hear the recording to help establish that Page had “access” to “Taurus,” meaning he would have been familiar with it.
Weinberg said a new jury will now get to hear a recording of “Taurus.”
“I believe that ruling alone has the potential of changing the outcome at the next trial because the jury will finally get to compare ‘apples to apples,’ he said.

What Do You Think?

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

‘King of the Hill’ Voice Actor Jonathan Joss Fatally Shot Outside His Texas Home

DON'T MISS

Fresno County Crews Battle Active Wildfire in Yokuts Valley, Evacuation Warning Issued

DON'T MISS

Not Quite ‘Hunger Games,’ but Fresno Budget Hearings Start

DON'T MISS

Clovis CPA Sentenced to Prison for $800K Bank Fraud Scheme

DON'T MISS

His Gang Name Is ‘Goer.’ Now Fresno County Man Is Going to Prison for 20 Years

DON'T MISS

Missing Woman Found Dead in Fresno County Canal Identified

DON'T MISS

Co-Conspirator Sentenced in Fraud Involving Loans to Bitwise

DON'T MISS

Valley Crime Stoppers’ Most Wanted Person of the Day: Stephanie Marie Zamarripa

DON'T MISS

Why Trump Is Mad at ‘Sleazebag’ Leonard Leo

DON'T MISS

Trump Amplifies Outlandish Robot Biden Conspiracy Theory

UP NEXT

Mattel Is Combining Film and Television Units to Create Mattel Studios

UP NEXT

Townsizing? Land Snorkeling? A User’s Guide to the Latest Travel Lingo

UP NEXT

Loretta Swit, Emmy-winner Who Played Houlihan on Pioneering TV Series ‘M.A.S.H.,’ Has Died at 87

UP NEXT

In Marseille, a Shadow Becomes Art in Banksy’s Latest Street Mural

UP NEXT

Taylor Swift Has Regained Control of Her Music, Buys Back First 6 Albums

UP NEXT

NY Times Bestselling Author Celebrating Book Release at Fresno Barnes & Noble

UP NEXT

A Former Aide Says Sean ‘Diddy’ Combs Kidnapped Her in a Plot to Kill Kid Cudi

UP NEXT

Ecstasy and Bribery Accusations in Sean ‘Diddy’ Combs Trial Bolster Racketeering Charge

UP NEXT

Disney’s ‘Lilo & Stitch’ Leads Record Box Office Over US Memorial Day Weekend

UP NEXT

No Yard? No Excuses—You Can Still Grow Your Own Food and Slash Your Grocery Bill

Clovis CPA Sentenced to Prison for $800K Bank Fraud Scheme

1 hour ago

His Gang Name Is ‘Goer.’ Now Fresno County Man Is Going to Prison for 20 Years

1 hour ago

Missing Woman Found Dead in Fresno County Canal Identified

2 hours ago

Co-Conspirator Sentenced in Fraud Involving Loans to Bitwise

2 hours ago

Valley Crime Stoppers’ Most Wanted Person of the Day: Stephanie Marie Zamarripa

2 hours ago

Why Trump Is Mad at ‘Sleazebag’ Leonard Leo

2 hours ago

Trump Amplifies Outlandish Robot Biden Conspiracy Theory

2 hours ago

Madera County Authorities Seek Public’s Help Locating Missing At-Risk Man

3 hours ago

Mattel Is Combining Film and Television Units to Create Mattel Studios

3 hours ago

Campbell’s Co. Says Sales Rise as More Americans Cook at Home

4 hours ago

‘King of the Hill’ Voice Actor Jonathan Joss Fatally Shot Outside His Texas Home

HOUSTON — Jonathan Joss, a voice actor best known for his work on the animated television series “King of the Hill,” was fatally shot near h...

15 minutes ago

Photo of caution tape
15 minutes ago

‘King of the Hill’ Voice Actor Jonathan Joss Fatally Shot Outside His Texas Home

Fresno County fire crews are battling a wildland blaze in Yokuts Valley near Rector Lane, where the RECTOR incident has burned 10 acres with the potential to spread to 100 on Monday, June 2, 2025. (CalFire)
33 minutes ago

Fresno County Crews Battle Active Wildfire in Yokuts Valley, Evacuation Warning Issued

60 minutes ago

Not Quite ‘Hunger Games,’ but Fresno Budget Hearings Start

Photo of a laptop with a Department of Justice logo on the screens
1 hour ago

Clovis CPA Sentenced to Prison for $800K Bank Fraud Scheme

1 hour ago

His Gang Name Is ‘Goer.’ Now Fresno County Man Is Going to Prison for 20 Years

2 hours ago

Missing Woman Found Dead in Fresno County Canal Identified

2 hours ago

Co-Conspirator Sentenced in Fraud Involving Loans to Bitwise

Stephanie Marie Zamarripa is Valley Crime Stoppers' Most Wanted Person of the Day for June 2, 2025. (Valley Crimes Stoppers)
2 hours ago

Valley Crime Stoppers’ Most Wanted Person of the Day: Stephanie Marie Zamarripa

Help continue the work that gets you the news that matters most.

Search

Send this to a friend