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 U.S. District Judge Gary Klausner in Los Angeles in a
decision in April said "Stairway" and the 1967 instrumental
"Taurus" by the band Spirit were similar enough to let a jury
decide whether Plant and Page were liable for copyright
infringement.
The lawsuit was brought by Michael Skidmore, a trustee for the
late Randy Wolfe, also known as Randy California, who was
Spirit's guitarist and the composer of "Taurus."
Skidmore said Page may have been inspired to write "Stairway"
for Led Zeppelin after hearing Spirit perform "Taurus" while the
bands toured together in 1968 and 1969, but that Wolfe never got
credit.
"Stairway to Heaven" is considered one of the most widely heard
compositions in rock history and is the signature song of Led
Zeppelin.
Trial in the case is set to begin on Tuesday in federal court in
Los Angeles, Marc Landis, a managing partner at the firm of
Phillips Nizer which is representing Led Zeppelin, said in an
email.
The case will begin with jury selection, followed by opening
arguments. It was not immediately clear when Plant and Paige
might testify.
Larry Iser, an attorney who has represented the Beatles and
Michael Jackson and is not directly involved in the case, said
in a phone interview the opening riff in dispute, which features
a minor key and a descending base line, is a common musical
device used on other hit songs.
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Those include the Beatles piece "While My Guitar Gently Weeps,"
Chicago's "25 or 6 to 4" and Led Zeppelin's own recording "Babe I'm
Gonna Leave You," Iser said.
Attorneys for Led Zeppelin have argued the chord progressions cited
in the civil lawsuit were so clichéd that they did not deserve
copyright protection.
But Judge Klausner, in his decision in April, said a jury could find
"substantial" similarity between the first two minutes of "Stairway"
and "Taurus."
"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," Klausner wrote. He
added that a jury would need to assess the "concept and feel" of the
two works.
(Reporting by Alex Dobuzinskis; Editing by Simon Cameron-Moore)
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