Created on Sunday, 10 May 2015 15:28
A lawsuit claiming that Stairway to Heaven was filched from an obscure song by the band Spirit has survived its first legal challenge.
The Philadelphia judge in the copyright infringement case against Led Zeppelin ruled yesterday that the suit shouldn't be dismissed and instead ordered it transferred to federal court in Los Angeles.
To many ears, the opening notes of Stairway to Heaven sound a lot like Taurus, an instrumental piece released on Spirit's debut album in 1968, according to the complaint (decide for yourself here). At the end of that year and throughout 1969, Spirit and Led Zeppelin shared the bill at several concerts.
Lawyers for surviving Led Zeppelin members Jimmy Page, Robert Plant, and John Paul Jones, along with Warner Music Group, had asked U.S. District Judge Juan Sanchez either to toss out the case or to move it to California, citing the presence of several relevant witnesses and legal documents there. Spirit signed its first record contract in California, and its late guitarist's trust was formed in the state. The lawyer for the trust of Spirit guitarist Randy California, which brought the suit a year ago, said it should stay in Pennsylvania, in part because the three musicians had played the classic-rock song at the 1985 Live Aid famine-relief concert in Philadelphia.
The new venue, the U.S. District Court for the Central District of California, Western Division, might help the defense, which according to the ruling plans to challenge the creation of the trust. On the other hand, it's the same court where a jury ruled in March that Pharrell Williams and Robin Thicke should pay $7.4 million for infringing on Marvin Gaye's 1977 Got to Give It Up with their 2013 hit, Blurred Lines.
The fight has potentially high stakes. By 2008, when Conde Nast Portfolio magazine published an estimate that included royalties and record sales for Stairway to Heaven, the 1971 hit had earned at least $562 million. If the suit succeeds, a three-year statute of limitations would limit the award to the most recent earnings. The song was rereleased last year as part of the band's reissue of its first albums.
Sanchez said he declined to dismiss the suit "in the interest of justice," because the improper venue could be fixed by sending the case to California. In his order, he said the Led Zeppelin members weren't subject to jurisdiction in Pennsylvania, in part because they don't live there and hadn't appeared to specifically target the district for selling their music. Because of the statute of limitations, the Live Aid concert wasn't relevant, he wrote.
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|March 17, 1969 - A four-song performance is filmed for TV Byen in Denmark (aired on May 19, 1969)|
|March 21, 1969 - Zeppelin’s debut TV appearance on "How It Is"|
|March 25, 1969 - Filming session for the Supershow|
|March xx, 1970 - The band turns down many TV offers worth large sums|
|March 05, 1971 - Led Zeppelin started a 12-date "Thank You" tour for British fans, appearing at the clubs from their early days and charging the same admission prices as in 1968. The first show was at Ulster Hall, Belfast, Northern Ireland where they played songs from their upcoming fourth album, including the first public performances of Black Dog, Stairway To Heaven, Going To California and Rock And Roll. |
|March 12, 1972 - Page and Plant rehearse some songs with the Bombay Orchestra|
|March 25, 1973 - Led Zeppelin finally release Houses of the Holy after production issues with the album cover|
|March 28, 1973 - Led Zeppelin released Houses Of The Holy in the UK. The album title was a dedication by the band to their fans who appeared at venues they dubbed "houses of the holy". Houses Of The Holy has now been certified 11 times Platinum by the Recording Industry Association of America (RIAA) for US sales in excess of 11 million copies.|
|March xx, 1974 - The band decide to release a double album due to the amount of left over studio material|
|March 29, 1975 - Led Zeppelin saw all six of their albums in the US Top 100 chart in the same week, alongside their latest album Physical Graffiti at No.1. Physical Graffiti has now been certified 16 times Platinum by the Recording Industry Association of America (RIAA) for US sales in excess of 16 million copies.|
|March 15, 1975 - Tickets for the Earls Court shows sellout within four hours|
|March xx, 1976 - Jimmy speaks with reporters mentioning the new album due out called Presence|
|March 31, 1976 - Presence is released|
|March 28, 1977 - Zeppelin arrive in Dallas, Texas to rehearse before opening the eleventh tour of the US|
|March xx, 1978 - Robert and John spend some time hanging around the Midlands|
|March 26, 1979 - Robert takes lead vocal at a Bad Company gig in Birmingham|
|March 04, 1980 - John Bonham makes a TV appearance on "Alright Now" with Bill Connolly|
|March 26, 2006 - Readers of Total Guitar magazine voted the guitar solo by Jimmy Page in Led Zeppelin’s Stairway To Heaven as the greatest guitar solo of all time. The 1971 track was voted ahead of tracks by Van Halen, Queen, Jimi Hendrix and The Eagles. On the 20th anniversary of the original release of the song, it was announced via US radio sources that the song had logged up an estimated 2,874,000 radio plays - back to back, that would run for 44 years solid.|