Stairway to Infringement: Led Zeppelin on Appeal

Round and round they go.

Led Zeppelin initially won the lawsuit about the iconic intro of “Stairway to Heaven;” however, the case is now before a federal appeals court.

In order to prove copyright infringement, a plaintiff must prove both access and substantial similarity. Back in June 2016, Led Zeppelin, (“Zeppelin”), won a copyright infringement lawsuit brought by the estate of late guitarist Randy Wolfe. Wolfe was part of the group Spirit: Wolfe claimed the intro of “Stairway to Heaven” was lifted from their 1968 instrumental song “Taurus.” In the initial trial, the jury believed that the members of Zeppelin had heard “Taurus,” but did not find substantial similarity between the two songs. Then in September 2018, the Ninth Circuit returned a verdict in favor of Wolfe’s camp because the jury had been improperly instructed about protectable musical elements and originality. Additionally, the jury should have been able to hear the songs. Now, the case finds itself in front of the Ninth Circuit Court of Appeals. The court will look at both songs’ specific selection and arrangement of notes in order to determine substantial similarity.

In this day and age, music seems to be less and less original. As songs fall in to the public domain, artists are able to use those songs without paying any licensing fee. As a quick aside, musical works published after 1923, but before 1978, are protected for 95 years from the date of publication. If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years. With that being said, Wolfe’s camp argues that the work is still protected by common law copyright law, regardless of federal protection. As an audiophile, I am a proponent of extending the scope of federal copyright law in order to further protect an artist’s original expression; however, there is a fine line between more protection and fostering creativity. I personally do not think there is a substantial similarity between the two songs, but that is just my opinion. Take a listen to both of the songs and put your opinion below. Additionally, stay tuned for the Ninth Circuit’s decision on whether the two songs are substantially similar. Oral arguments are set for September 23, 2019.

Here is a link to an in depth analysis of the two songs: https://www.youtube.com/watch?v=2UNbXL27cwc

 

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