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Tuesday, September 20, 2016 / Volume 108 / Number 182 he aily ecord TWestern new york’ s source D for Law, real Estate, fi nance a Rnd general intelligence since 1908 IP Frontiers Zeppelin’s big ‘Stairway’ win heavenly to the music community

It’s one of the most instantly recogniz- part of Wolfe’s lawsuit familiarity with “Taurus,” and argued able and iconic songs in rock music histo- sought an injunction to the contested passage of the song was a ry. But was the opening guitar riff in Led prohibit a scheduled standard descending chord sequence that Zeppelin’s “Stairway to Heaven” plagia- reissue of Led Zeppe- had been in use in the public domain for rized? lin’s albums that have more than 300 years. Plant testified that This past June, a U.S. federal jury in Los been completely re- he had no memory of the game of snooker, Angeles concluded that Led Zeppelin’s Jim- mastered by Page. saying that in all the “hubbub and cha- my Page and Robert Plant did not copy the To establish copy- os” it would be hard to remember a one- intro in “Stairway to Heaven” from the song right infringement, off meeting 40 years ago. Plant partially “Taurus,” a tune by U.S. rock band Spirit. Wolfe’s camp had to attributed his lack of memory to a bad car By Kristian E. “Taurus” is an instrumental track released Ziegler prove two things: (1) crash on his way home from the club. Both on Spirit’s self-titled debut album in 1968. Daily Record ownership of a val- he and his wife suffered head injuries in Led Zeppelin IV, which included “Stairway,” Columnist id copyright, and (2) the accident, he told the court. was released by Led Zeppelin in 1971. copying of constituent Page and Plant also vividly recalled, in A trustee for Spirit’s late guitarist Ran- elements of the work that are original. To detail, creating “Stairway” at a countryside dy Wolfe (AKA Randy California) filed a show copying, courts consider access to retreat south of London in 1971. Plant told copyright infringement suit in 2014 accus- the copyrighted music and whether a sub- the court that Page was playing music by ing Led Zeppelin of lifting the opening to stantial similarity exists between the two the fire, and Plant offered a couplet to go “Stairway to Heaven” – which is acoustic works. The amount of access and similari- with it as a lyric. When asked what the lyric guitar arpeggiating chords played in a de- ty required to prove copying are inversely was, Plant stated that the lyric was the now scending pattern. The trustee was able to proportional. So the more access a party famous opening line to “Stairway to Heav- bring the suit as U.S. copyright law gives had to a prior work, the less similarity en” -- “There’s a lady who knows all that protection to a creator’s rights for 70 years must be shown to prove copying. Similar- glitters is gold and she’s buying a stairway after his or her death, and Wolfe’s copy- ly, the more similarities that exist, the less to heaven.” When Page took the stand, he rights were controlled by a trust formed af- access must be shown to prove copying. recounted the same story of the song’s cre- ter his death. However, civil infringement In this case, Wolfe’s estate presented ation. Page also testified that he did not re- actions must be “commenced within three evidence that Page and Plant had seen member hearing Spirit perform live, claim- years after the claim accrued.” As “Stair- Spirit in concert and that they owned a ing he first heard “Taurus” two years ago on way” was released about 43 years ago, the recording of “Taurus” as an album con- the internet. The jury rejected the defense, three-year statute of limitations rule effec- taining the track was found in Page’s mas- however, and found that, at the very least, tively barred any recovery for alleged in- sive collection of records and CDs. They Page and Plant had “access” to “Taurus.” fringement during the first 40 years of the also submitted evidence that Spirit shared Although Wolfe’s estate won on the song’s release and limited any potential a bill with Zeppelin three times between “access” prong, they lost on the big one: recovery to new releases of the recording 1968 and 1970, meaning the famed Brit- substantial similarity of the works. I invite over the last three years, as well as any ish rockers had multiple opportunities to you to run an internet search on “Stairway future releases of the recording. hear “Taurus” before releasing “Stairway” to Heaven and Taurus” and listen to a side Tens of millions of dollars were still at in late 1971. Spirit’s bassist Mark Andes by side by comparison of the works. Many stake though, as the suit sought a partial even testified that he met Plant at one of of you will no doubt find the respective writing credit for Wolfe – which carries a the shows and played snooker with him portions of the songs “substantially simi- right to a portion of the royalties. An ex- afterward. lar.” However, the jurors never got to ac- pert on music royalties testified during tually hear both recordings, instead jurors the trial that Plant and Page have earned On the stand were asked to compare the sheet music for about $58.5 million to date in royalties as Page and Plant, both present throughout composers of “Stairway to Heaven.” And the trial, took the stand to dispute their Continued on next page

Continued from previous page that date back three centuries. The ten- Lines.” The ruling cost Thicke and Wil- sion between common, uncopyrightable liams $7.3 million in damages, which “Taurus” to “Stairway” and heard guitar chord progressions and copyrightable were later reduced to $5.3 million, and are and piano renditions of the tracks by mu- expressions of these chord progressions currently being appealed. The “Blurred sic experts on both sides of the case. Not creates a question of whether songs which Lines” case led to a wide debate in the surprisingly, Wolfe’s version of “Taurus” are built around such common elements music world over the limits of copyright played on guitar sounded more like the are sufficiently original to be copyrighted. protection, and whether a song’s atmo- recording of “Stairway” than the defense’s Of course, experts for the trust said there spherics, rhythms and overall “feel” can version of “Stairway” played on piano. were significant other likenesses includ- constitute copyright infringement. ing the use of arpeggios, similar note com- The “Blurred Lines” case also spawned Why just sheet music? binations, pitch and note durations, which an increase in copyright suits, including The actual recordings were not played could only result from something more suits against high-visibility defendants because of the age of the songs and the than just coincidence. like Kanye West, Ed Sheeran and Justin copyright law they are protected under. But after only five hours of deliberation, Bieber. Musicians have thus become more U.S. copyright law’s last major revision the jury found that Wolfe’s estate failed to cautious when assigning songwriting cred- happened in 1976 – The Copyright Act of show that the unique and original portion its as a means of protecting themselves 1976 – and is the primary basis of cur- of Wolfe’s composition was “substantially from infringement allegations. Stars like rent copyright law. Before that, protection similar” to the pertinent portion in “Stair- Beyoncé, Sam Smith, and Mark Ronson was provided under The Copyright Act of way,” and therefore did not constitute have all opted to give credit in situations 1909, which didn’t protect sound record- copyright infringement. where similarities between their recordings as they barely existed at the time. ings and another’s copyrighted work have Because of that, the only copyright that Industry jitters been alleged. But the “Stairway” case could be disputed was the sheet music The “Stairway” verdict was the latest warns potential plaintiffs claiming copy- for the two songs, which was filed with the in a series of high-profile copyright rul- right infringement of their song that such U.S. Copyright Office. In a case involving ings that have earned the interest of the cases aren’t easy to win and the “Blurred two post-1976 songs, it might be easier to larger musical community. The music in- Lines” result may be an anomaly. get sound recordings into evidence, and as dustry began stressing a year ago, when a a result a finding of substantial similarity. different California jury found that Robin Kristian E. Ziegler is an associate with Page and Plant also called experts Thicke and Pharrell Williams infringed the law firm of Heslin Rothenberg Farley & who testified that the songs shared little the copyright to Marvin Gaye’s “Got to Mesiti P.C. He can be reached via email at in common other than chord sequences Give It Up” in their 2013 hit “Blurred [email protected], or at (518) 452-5600.