The case which claims that iconic rock band Led Zeppelin’s “Stairway to Heaven” rips off the Spirit song “Taurus” is back in court. A unanimous jury verdict in U.S. District Court in Los Angeles decided last June that the two songs were not sufficiently similar to constitute copyright infringement.
Lawyers for the estate of the late Randy Wolfe (Randy California), author of “Taurus”, have now filed a 90 page brief. Wolfe’s legal team, led by attorney Francis Malofiy, has now filed a lengthy submission with the Ninth Circuit appeals court, arguing that a series of “erroneous” jury instructions resulted in Led Zeppelin winning the case. Other complaints from the trial include “Limiting plaintiff’s trial time to 10 hours violated due process and was not even close to an adequate amount of time to try this case” as well as “The Court seriously erred when defining originality.”
According to The Hollywood Reporter, Malofiy wrote in his submission: “The most important of these errors was that the trial court refused to let the jury hear the full and complete composition of ‘Taurus’ embodied in the sound recordings that Jimmy Page possessed, instead limiting the comparison to an outline of the ‘Taurus’ composition in the deposit copy lead sheet”. Readers will remember this was a key issue in the Blurred Lines case with defendants Robin Thicke, Pharrell Williams and TI arguing in that case (and indeed this) are all about the copyright in the song – and not in the sound recording. But in that case it was decided that Marvin Gaye’s song ‘Got to Give it Up’ has been copied