Spirit Appeals Led Zeppelin Court Victoryby Best Classic Bands Staff
Remember that court case that we all thought was resolved last year, the one in which the estate of the late musician Randy California—of the band Spirit—accused Led Zeppelin of ripping off his song “Taurus”? The jury in the Los Angeles court case sided with Zeppelin in the plagiarism case begun in 2014, stating that there was no evidence that the Brits ripped off the American songwriter.
Now, nearly a year later, according to a report in Rolling Stone, the lawyer for the plaintiff, in a 90-page brief filed last Wednesday at the United States Court of Appeals for the Ninth Circuit, has filed an appeal. Francis Malofiy, who represents Michael Skidmore, the trustee of the estate of California (whose real name was Randy Wolfe), is seeking a retrial claiming that the jury received erroneous instructions during the trial.
The copyright infringement suit claimed that the opening melody of “Stairway to Heaven” was taken from “Taurus,” an instrumental song written by guitarist and songwriter California/Wolfe that was released on the band’s self-titled 1968 debut album, three years before “Stairway” went public on Zeppelin’s fourth album, known as Led Zeppelin IV.
“The most important of these errors was that the trial court refused to let the jury hear the full and complete composition of ‘Taurus’ embodied in the sound recordings that Jimmy Page possessed, instead limiting the comparison to an outline of the ‘Taurus’ composition in the deposit copy lead sheet,” Malifoy wrote in his brief.
According to the Rolling Stone article, itself based on a Hollywood Reporter article, “Skidmore’s attorneys also accused the trial judge of making ‘a series of erroneous instructions on the scope of copyright protection.’ Other complaints pertaining to the initial trial include ‘Limiting Plaintiff’s Trial Time to 10 Hours Violated Due Process and was Not Even Close to An Adequate Amount of Time to Try this Case’ as well as ‘The Court Seriously Erred when Defining Originality.’ In their filings to the 9th circuit court, Skidmore and company seek a reversal of the previous verdict and a retrial.”
Whether or not the appeal gets anywhere, it’s not likely to move through the courts very quickly.
Watch Led Zeppelin perform “Stairway to Heaven” live in NYC in 1973
Now, listen to “Taurus” by Spirit
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