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[Dalek]

Led Zeppelin Loses First Round in 'Stairway to Heaven' Lawsuit

Led Zeppelin is stuck in Pennsylvania at the moment, forced to confront claims the band stole its biggest hit "Stairway to Heaven" from Randy Craig Wolfe, founding member of the band Spirit.

Wolfe's heirs sued Led Zeppelin, Jimmy Page, Robert Plant and their music companies in June, asserting that the story Page has told over the years about holing himself up in a remote cottage in Wales in 1970 and creating the iconic song is false. The plaintiff alleges that the music really came from Spirit, which once toured with Led Zeppelin in the late 1960s.

In reaction to the lawsuit, the defendants challenged jurisdiction.

"The individual defendants are British citizens residing in England, own no property in Pennsylvania and have no contacts with Pennsylvania, let alone ties sufficient to render them essentially at home here," stated a memorandum to dismiss.

In response, the plaintiff amended the lawsuit with some emphasis on why a Pennsylvania judge should oversee the case: "Defendants are subject to specific jurisdiction in this district because they make millions of dollars from the Eastern District of Pennsylvania by directly targeting this district for the exploitation of 'Stairway to Heaven' through CD sales, digital downloading, radio and television play, advertising, marketing, concert performances, other performances, licensing, and otherwise targeting resident individuals and businesses to profit off the exploitation of 'Stairway to Heaven.'”

U.S. District Court Judge Juan Sánchez has now denied the motion to dismiss or transfer without prejudice, meaning that the Zeppelin parties can still try again.

The judge didn't offer any reasoning in his written order, but those looking for the standards by which judges determine jurisdiction can read about another judge's recent decision to throw out a trademark lawsuit filed by John Wayne's heirs against Duke University.

Here's a comparison of the two songs-first is "Taurus" by Sprit:
https://www.youtube.com/watch?v=jJUdnTKlP1E#t=80

And the famous "Stairway to Heaven"
https://www.youtube.com/watch?v=8pPvNqOb6RA

I first heard of the controversy surrounding Led Zeppelin's supposed rip-offs back on this Howard Stern show segment where they interviewed someone regarding it and they played many shocking similarities-unfortunately this is part 2 of the segment, part 1 seems to be blocked: https://www.youtube.com/watch?v=Cdr8PtUPIPo

 

[FrenchMovieTheme]

Led Zeppelin Loses First Round in 'Stairway to Heaven' Lawsuit

Here's a comparison of the two songs-first is "Taurus" by Sprit:
https://www.youtube.com/watch?v=jJUdnTKlP1E#t=80

And the famous "Stairway to Heaven"
https://www.youtube.com/watch?v=8pPvNqOb6RA

I first heard of the controversy surrounding Led Zeppelin's supposed rip-offs back on this Howard Stern show segment where they interviewed someone regarding it and they played many shocking similarities-unfortunately this is part 2 of the segment, part 1 seems to be blocked: https://www.youtube.com/watch?v=Cdr8PtUPIPo

obviously the progression/riff sounds very similar (if not identical) but is that the whole song by Spirit? so they're saying a PORTION of stairway to heaven was stolen? also, what is the statute of limitations on something like this? hard to imagine that the heirs of someone can file a lawsuit 40 years later or whatever it is

not really surprising though. led zep "borrowed" plenty!

 

[DizzyCaffeine]

This isn't even the only song they ripped off.

 

[Ol No Bones]

That small bit is certainly the same. Certainly not a coincidence. I'm not sure what the rules are to be honest.

 

[greenhadoken]

You can't copyright chord progressions, and for a melody to be considered stolen there has to be 5 or more identical notes. None of those things are being broken. Plus, I would argue that guitar lick isn't a melody in the Spirit song, just a chord outline, and when they compare songs in court I believe they compare the main melody or hook from each song. Just because your song happens to be the same tempo and key with the same chord progression doesn't make it plagiarism, there are a thousand songs that meet this same criteria

 

[Angry Grimace]

Statute of Limitations, no?

For the record, a jurisdictional motion has NOTHING to do with any of the merits of the case at all. Zero, zilch, nada.

 

[Squirrel Killer]

The "first round" that they lost is a venue change? That's not that fatal to their position.

Also, I'm not a music scholar qualified to testify on such matters, but there's no way I'd confuse the first song you linked with the second (and vice versa.) Maybe a few note combinations ("measures," right?), but nothing like a whole stealing of the song.

 

[Dmax3901]

I like Led Zeppelin, and enjoying their music whilst knowing a lot of it was plagiarised is one of those weird things I can deal with somehow. (I'm a monster I know).

I feel this song by Spirit isn't all that similar. Especially not when compared to the stuff in this video:

https://www.youtube.com/watch?v=JyvLsutfI5M

 

[greenhadoken]

Statute of Limitations, no?

For the record, a jurisdictional motion has NOTHING to do with any of the merits of the case at all. Zero, zilch, nada.

They were able to sue because Zeppelin is reissuing their albums, thus restarting the statute of limitations somehow

 

[SoulPlaya]

People, please, read the article. They lost a venue. Nothing yet on the actual matter.

 

[greenhadoken]

People, please, read the article. They lost a venue. Nothing yet on the actual matter.

I know, I'm just commenting on how cut and dry this seems. If Spirit wins, it'll only be because Zeppelin has terrible lawyers

 

[Alebrije]

It resembles STH but for todays standars not sounds like a rip off

 

[Altazor]

They haven't lost anything yet. The only thing being "discussed" right now is if that Pennsylvania Court has jurisdiction over the matter or not.

Wolfe: I'm suing you at this court, LZ, cuz you ripped my song off.
LZ: We're british, we don't have any property in Pennsylvania, the "case" is irrelevant for this court.
Wolfe: but your reissues have been sold in Pennsylvania, you're targetting Pennsylvania residents and you're profiting from it. This court can oversee this.
Court: Yes, we can.

 

[OldRoutes]

One of the good thing about this whole story is that it made me discover Spirit.

 

[CrocMother]

Led Zeppelin is a rather notorious song stealer

 

[Travo]

Interesting. I never knew about how they plagiarized all of these songs.

 

[Dalek]

Interesting. I never knew about how they plagiarized all of these songs.

Again-if you listen to that Howard Stern clip where they play the comparisons, it's jaw dropping.

 

[TheZink]

You can't copyright chord progressions, and for a melody to be considered stolen there has to be 5 or more identical notes. None of those things are being broken. Plus, I would argue that guitar lick isn't a melody in the Spirit song, just a chord outline, and when they compare songs in court I believe they compare the main melody or hook from each song. Just because your song happens to be the same tempo and key with the same chord progression doesn't make it plagiarism, there are a thousand songs that meet this same criteria

This guy is correct. I'm a musician by trade. That's is a typical walk down. There are thousands of songs that use the same walk. It just happens that these sound similar.

 

[GorillaJu]

This guy is correct. I'm a musician by trade. That's is a typical walk down. There are thousands of songs that use the same walk. It just happens that these sound similar.

Okay, I'm a musician and my co worker sitting next to me is as well, and we both don't buy this. It's far too coincidental, especially for a band that Zeppelin toured with, and after their history of stealing from other artists they know and/or toured with...

Doubt that they'll actually lose because it won't satisfy plagiarism laws but... Yeah.

 

[TheZink]

Okay, I'm a musician and my co worker sitting next to me is as well, and we both don't buy this. It's far too coincidental, especially for a band that Zeppelin toured with, and after their history of stealing from other artists they know and/or toured with...

Doubt that they'll actually lose because it won't satisfy plagiarism laws but... Yeah.

I didn't read that they toured together. Just listened to the song. That probably makes more sence.

 

[Veitsev]

Clickbait title. Means absolutely nothing with regards to the actual case..

 

[coleco]

While it's true you can't copyright chord progressions and that there's a significant change in the last chord used I have to say they not only copied the chords but also the general tone and atmosphere of the original song. It probably won't be enough to lose in court and led zepellin adds much more to the original with the voice, lyrics and different passages but it's an obvious plagium. These are not two different songs sharing chords but a transplanted passage built on.

 

[Squirrel Killer]

While it's true you can't copyright chord progressions and that there's a significant change in the last chord used I have to say they not only copied the chords but also the general tone and atmosphere of the original song. It probably won't be enough to lose in court and led zepellin adds much more to the original with the voice, lyrics and different passages but it's an obvious plagium. These are not two different songs sharing chords but a transplanted passage built on.

I know music copyright is a complete clusterfuck, but I would find it hard to believe that "general tone and atmosphere" is anywhere close to being copyrightable.

 

[Fuchsdh]

I dunno. Led Zeppelin certainly ripped off a lot of stuff from lesser acts, but this is not an egregious example, and doesn't even come close to a "My Sweet Lord" level of similarity, which is probably what you'd need for legal purposes.

 

[Xun]

Maybe Page did "steal" it or maybe he subconsciously based it on the progression, but there's nothing that special musically about it in my opinion.

Similar progressions have been used long before Spirit "invented" it.