The estate of musician Randy California, of L.A. rock band Spirit, intends to appeal the jury verdict last month that found that Led Zeppelin did not lift music that formed the basis for the group’s hit “Stairway to Heaven” from an earlier Spirit instrumental, “Taurus”. The appeal against the unanimous verdict in U.S. District Court in Los Angeles will challenge the conclusion that even though Zeppelin songwriters Jimmy Page and Robert Plant may have heard “Taurus” before they composed “Stairway,” the songs were not musically similar enough to rise to the level of copyright infringement. The claim came four decades after the songs were written.
Immediately following the verdict, Led Zeppelin’s Jimmy Page and Robert Plant released a statement saying that they were glad to see the issue resolved saying “We are grateful for the jury’s conscientious service and pleased that it has ruled in our favour, putting to rest questions about the origins of ‘Stairway To Heaven’ and confirming what we have known for 45 years,” they said. “We appreciate our fans’ support, and look forward to putting this legal matter behind us.”
Plaintiff’s attorney Francis Malofiy later claimed he lost his case on a technicality, insisting that it was unfair the jury was unable to listen to the sound recording of “Taurus” and instead was limited to hearing an expert performance of the registered sheet music. Malofiy himself received over a hundred sustained objections and “multiple admonishments” during the trial, The band’s publishing company Warner/Chappell Music subsequently filed documents asking the judge to order the plaintiffs to pay over $613,000 to cover the costs of defending the lawsuit.