Stairway To Heaven copyright infringement lawsuit

I understand LZ toured in the US with Spirit in late 68 or early 69, so presumably JP and co. had plenty of opportunity to hear "Taurus". There is similarity but surely there has to be a finite number of ways to create music within the confines of rock/blues without eventually sounding similar. There does seem to be an increasing number of financial claims of musical plagiarism, George Harrison's estate for example. But in a format such as 8 bar blues, similarity seems inevitable. It is perhaps noteworthy that many such copy claims are many years after the event and involve people other than the original musicians.

please note that I am not advocating anything or suggesting LZ are "innocent". Indeed they are a band fairly well known for failing to acknowledge original sources of "inspiration". Anyone in doubt of this should listen to Bert Jansch's "Blackwaterside" and LZ will undoubtedly spring to mind.

One part of that doesn't sound similar, it sounds the same. The music industry is littered with good works inspired by other good works, some famous some obscure. Plus straight lifts, recognisable and readily cited as the source. Nile Rogers, to name but one of scores, possibly hundreds, hasn't done at all badly out of it.  Easily avoidable at the source of the process, why wouldn't a straight copy come back with teeth if unacknowledged? Apart from anything else it's discourteous. 

Of course, we don't know where Spirit's inspiration and/or source material came from. Someone will.

I still find it strange that Randy California did not raise the issue when he was alive. Now another (broke ?) ex band member takes them to court.

Asked and answered in the same sentence I suspect. It's about who is taking the action, not who is not. Different people will be motivated differently. Very touchy subject in some people, no sleep lost in others. Having heard the Spirit piece for the first some today, there seems little doubt that it's worth going to bat for. How it may turn out is another matter.

Plant has been up front down the years about who they covered, what they copied, who inspired him/them. Not on this one through.

A nirvana, killing joke situation.

Gavin Alexander posted:

I still find it strange that Randy California did not raise the issue when he was alive. Now another (broke ?) ex band member takes them to court.

Perhaps Randy California didn't write the tune and he knew it.

For all we know, it might be based on an obscure traditional Peruvian folk song.

I can never listen to Springsteen's "Girls In Their Summer Clothes" without wondering if it's not a derivation of The Who's "The Kids Are Alright". Could be just me, but play the first two minutes of the Springsteen video then listen to The Who. I find the similarities inescapable. Maybe the big boys don't go after one another.

fatcat posted:

Perhaps Randy California didn't write the tune and he knew it.

For all we know, it might be based on an obscure traditional Peruvian folk song.

Ah, that's  where I've heard it before, while trecking in Peru.

If I were the judge hearing a claim that Stairway to Heaven's opening was copied from Taurus, I'd throw it out lock, stock and barrel.  Similar, for a few seconds, yes, but copied?   No way.

As the presiding judge I'd be wanting to know "Did both Spirit and Led Zep ever go trecking in Peru?"

It's illegal to copy someone, but it isn't illegal to sound like someone. The Marvin Gaye verdict was wrong and will hopefully be overturned on appeal.

LZ supported Spirit, and apparently often sat and listened to their sets. Randy California was one of the most original musicians of the 'rock era', but being original doesn't of course mean richest. Which of course LZ became in their day. It also meant they had the best, and most expensive lawyers too. His stage name of California was 'given to him' by a certain James Marshall Hendrix. The surviving Spirit bassist says its about 'credit', not money. This action is being brought by ex-family members I believe. Randy is sadly long gone but his music and influence will hopefully live for ever. If this 'court case' means more people discover his music, then that can only be a good thing. 

Personally I think LZ should be found "guilty"; made to add the credit "inspired by Randy Callifornia" and ordered to pay $1 damages.

Eloise,

I agree in principle with your solution. Echoing JBGWild's post, at this point in time the case should be about giving credit where credit is due and not about a money grab. Stairway To Heaven is one of rock's most enduring songs and future generations seeing a credit to Randy California might be inspired to explore some of Spirit's music - a band they might not necessarily know of. As for the rumored $1 settlement, if the case is found in favor of California's estate then LZ/Page should be required to pay all the legal fees involved. It wouldn't take me long to deliberate and that's how I'd slam my gavel.

https://www.youtube.com/watch?v=zKpbJ5Kjy2I

DanailT,

Point well taken. Variation on a theme no doubt. A piece the LZ/Page lawyers might bring into evidence. Perhaps Spirit's Taurus requires a credit to Giovanni Battista Granata? But I suppose such arguments of similarities of olden music to modern variations could be found ad nauseam. ELO never gave credit to Beethoven for their version of "Rollover Beethoven", which borrowed overtly from his fifth. In the present case, Spirit and LZ had an immediate connection and one song predates the other by just four years.

Check out a track by Jake Holmes called Dazed and Confused with a track by Led Zeppelin called by coincidence Dazed and Confused. Lovely interview transcript on-line from (I think Guitar Magazine) where Jimmy is asked about the similarity and is totally vague about the origins of this ummmm Led Zeppelin song. 

So it wasn't Peru where I originally heard it, it was Italy.   That makes it a little more likely that both Spirit & LZ heard it on holiday in Italy rather than when they were trecking in Peru, doesn't it?    I'd be even more inclined to throw the case out of court without even the $1 Eloise suggested.

Well spotted Danailt.

To be honest I believe the source of inspiration might be Davey Graham's Cry me a river -

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

..but Taurus....no chance.

JP is quoted in a recent Classic Rock Mag as having 'the' Spirit album in his collection, but he doesn't know who put it there! One of the funniest things Ive ever heard. The bottom line to me is LZ - The Song Remains the Same, and the same, and the same. Randy? 12 Dreams of Dr Sardonicus, Clear, Spirit of 76, Future Dreams etc etc to name just a few albums. An absolute treasure trove of inspiring music. RIP.