Led Zeppelin Copyright Infringement Trial
Spirit, a psychodelic rock band from the 1960's, sued Led Zeppellin for copyright infringement over a song titled "Taurus" that Spirit had released and performed four years before Led Zeppelin released its most famous song with a virtually identical introductory melody line, "Stairway to Heaven."
The introductory line from that song is so famous that the movie "Wayne's World" filmed a brief scene in a music store where Mike Meyers plays that line, only to have an employee stop him and point to the "No Stairway" sign, which is actually hanging in that store.
Today, an eight person jury found there was no copyright infringement by Led Zeppelin. A finding in favor of the band Spirit would have meant Led Zeppelin would have had to turn over a good portion of the song's past earnings to the estate of the composer of that song for Spirit, as well as future profits. As Led Zeppelin has earned over $562 million for that one song, a lot was riding on the outcome of the trial.
Jimmy Page, guitarist for Led Zeppelin, testified that he had not heard of Taurus until a couple of years ago. Page also said that he wasn't aware that he owned the album by the band Spirit that contained that song. Page did acknowledge that Led Zeppelin had used a riff from another song, "Fresh Garbage," when they first started touring insisting that he'd heard it on the radio. Page also confirmed that he liked Spirit and that his collection of 10,000 records and CDs included at least five Spirit albums.
Former Spirit bassist, Mark Andes, testified that both songs sounded the same. Andes said in his testimony that Spirit played "Taurus" in a 1968 show in Denver where Led Zeppelin made its American debut as the opening act. Page later testified that he never had any interactions with Spirit or remember sharing shows with them.
Music experts not in the case have said that the two are similar, but also that the sequence is common in other pieces from decades and even centuries ago.
Led Zeppelin has had copyright issues in the past, but the judge did not allow Spirit's attorney to introduce that evidence at trial.
On Thursday, the jury found that Led Zeppelin did not steal music for 'Stairway to Heaven' after the week long trial.
Comments from Allen: Copyright law is all about protecting an author's creative product from being copied and exploited by another. In the music business, there have been many cases in which famous artists have been sued for stealing significant riffs or "hooks" from one song and using it in their own song. George Harrison's hare krishna song, "My Sweet Lord," which was a big hit, was found to have violated the copyright of an old 50's hit song, "He's So Fine," released by The Chiffons in 1962. Incidentally, when the judge ruled that George Harrison had, indeed, subconsciously violated the copyright for "He's So Fine," The Chiffons recorded and released their own version of "My Sweet Lord".
More recently, Pharrell Willams and Robin Thicke were ordered to pay Marvin Gaye's estate $5.3 million for violating Gaye's copyright for his 1977 hit "Got To Give It Up" with their 2013 hit, "Blurred Lines."
They key to this type of copyright suit is usually "access." In order to violate copyright, the offending musician must have actually, physically heard the original song or read the lyrics. It is not enough that the two songs sound identical. In the "My Sweet Lord" case, access was easily established, as the song was not only played on all the rock and roll radio stations in the 1960's, but it was considered one of the most recognizable Golden Oldies by music fans.
In the case of the band "Spirit" suing Led Zeppelin for stealing the iconic "Stairway to Heaven," access was proved in several ways. The Spirit song was performed three years before Stairway came out, the two bands played the same venues at the time, and "Taurus" was one of the songs on a record by Spirit that Stairway to Heaven's composer, Jimmy Page, had in his possession at the time. There is no question Jimmy Page had access to "Taurus" at the time he composed Stairway, and he most likely had heard it prior to composing Stairway.
The introductory line from that song is so famous that the movie "Wayne's World" filmed a brief scene in a music store where Mike Meyers plays that line, only to have an employee stop him and point to the "No Stairway" sign, which is actually hanging in that store.
Today, an eight person jury found there was no copyright infringement by Led Zeppelin. A finding in favor of the band Spirit would have meant Led Zeppelin would have had to turn over a good portion of the song's past earnings to the estate of the composer of that song for Spirit, as well as future profits. As Led Zeppelin has earned over $562 million for that one song, a lot was riding on the outcome of the trial.
Jimmy Page, guitarist for Led Zeppelin, testified that he had not heard of Taurus until a couple of years ago. Page also said that he wasn't aware that he owned the album by the band Spirit that contained that song. Page did acknowledge that Led Zeppelin had used a riff from another song, "Fresh Garbage," when they first started touring insisting that he'd heard it on the radio. Page also confirmed that he liked Spirit and that his collection of 10,000 records and CDs included at least five Spirit albums.
Former Spirit bassist, Mark Andes, testified that both songs sounded the same. Andes said in his testimony that Spirit played "Taurus" in a 1968 show in Denver where Led Zeppelin made its American debut as the opening act. Page later testified that he never had any interactions with Spirit or remember sharing shows with them.
Music experts not in the case have said that the two are similar, but also that the sequence is common in other pieces from decades and even centuries ago.
Led Zeppelin has had copyright issues in the past, but the judge did not allow Spirit's attorney to introduce that evidence at trial.
On Thursday, the jury found that Led Zeppelin did not steal music for 'Stairway to Heaven' after the week long trial.
Comments from Allen: Copyright law is all about protecting an author's creative product from being copied and exploited by another. In the music business, there have been many cases in which famous artists have been sued for stealing significant riffs or "hooks" from one song and using it in their own song. George Harrison's hare krishna song, "My Sweet Lord," which was a big hit, was found to have violated the copyright of an old 50's hit song, "He's So Fine," released by The Chiffons in 1962. Incidentally, when the judge ruled that George Harrison had, indeed, subconsciously violated the copyright for "He's So Fine," The Chiffons recorded and released their own version of "My Sweet Lord".
More recently, Pharrell Willams and Robin Thicke were ordered to pay Marvin Gaye's estate $5.3 million for violating Gaye's copyright for his 1977 hit "Got To Give It Up" with their 2013 hit, "Blurred Lines."
They key to this type of copyright suit is usually "access." In order to violate copyright, the offending musician must have actually, physically heard the original song or read the lyrics. It is not enough that the two songs sound identical. In the "My Sweet Lord" case, access was easily established, as the song was not only played on all the rock and roll radio stations in the 1960's, but it was considered one of the most recognizable Golden Oldies by music fans.
In the case of the band "Spirit" suing Led Zeppelin for stealing the iconic "Stairway to Heaven," access was proved in several ways. The Spirit song was performed three years before Stairway came out, the two bands played the same venues at the time, and "Taurus" was one of the songs on a record by Spirit that Stairway to Heaven's composer, Jimmy Page, had in his possession at the time. There is no question Jimmy Page had access to "Taurus" at the time he composed Stairway, and he most likely had heard it prior to composing Stairway.
I have listened to the passage in the Spirit song and Stairway, and without question they are virtually identical.
Identical or not, the jury in this case still had to decide whether Led Zeppelin consciously or subconciously copied Taurus. The jury decided they had not.
Identical or not, the jury in this case still had to decide whether Led Zeppelin consciously or subconciously copied Taurus. The jury decided they had not.
Frankly, I am amazed at this verdict. Give Led Zeppelin's lawyers credit for saving their hides in this lawsuit. The jury was apparently impressed by something the defense presented, whether the testimony of Led Zeppelin's guitarist Jimmy Page that he had never actually heard the song before composing Stairway, or his very detailed description at trial of how the song was actually composed, or the expert testimony that this particular melody line had been used so many times before Spirit composed it that it was actually in the public domain and not subject to an enforceable copyright by Spirit. Something worked, and for that, Led Zeppelin will be forever grateful.
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