Spirit Vs Led Zeppelin Court Case Goes To Appeal - Noise11.com
Led Zeppelin 2012

Led Zeppelin 2012

Spirit Vs Led Zeppelin Court Case Goes To Appeal

by Roger Wink, VVN Music on March 20, 2017

in News

It’s been a year since Robert Plant and Jimmy Page beat the lawsuit that was brought by the estate of the late Spirit guitarist Randy California over the song Stairway to Heaven.

During his lifetime, California knew that there was a similarity between the guitar line in Stairway and the one in the Spirit track Taurus and realized that it was entirely possible that the two Zeppelin writers could have heard the song while they were opening for Spirit in the late-60’s; however, he chose to never pursue it in court.

After his death, the estate of California decided to sue Plant and Page for plagiarism, claiming they either consciously or unconsciously remembered the part that they heard four years earlier; however, the courts did not agree with the claim and cleared the Zeppelin members.

That decision came after the judge made a number of controversial decisions on what could be allowed during the trial, including not letting the plaintiff’s lawyers play audio recordings of Taurus, instead insisting that the jury makes their judgement from the sheet music.

It was that ruling that is the basis of an appeal by California’s estate in the U.S. Court of Appeals for the Ninth Circuit, alleging that the judge was in error by not letting the jury hear the recorded song. The 90-page filing also says that the judge wrongly defined “originality” and misinformed the jury on copyright law in his instructions prior to deliberations and that he limited the plaintiff’s case to ten hours of testimony which could have violated the right to due process.

Lawyers for California’s estate are seeking a reversal of the previous verdict and a new trial.

Noise11.com
The X Studio

Comments

comments

Related Posts

Barry Manilow, music news, noise11.com
Barry Manilow Postpones Vegas Opening After Emergency Hospital Visit

Barry Manilow's return to the Las Vegas stage has been postponed after the singe was hospitalized with a bronchial infection.

1 day ago
Jon Hiseman
R.I.P. Jon Hiseman 1944-2018

British progressive-rock drummer and composer Jon Hiseman has died at the age of 73 from complications of surgery that he underwent in May to remove a brain tumor.

4 days ago
David Byrne 2009: Photo By Ros O'Gorman
David Byrne To Tour Australia and New Zealand

David Byrne will tour Australia and New Zealand in November.

6 days ago
Bobby Kimball
The Voice Of Toto Bobby Kimball To Play Solo Australian Dates

Bobby Kimball, owner of the iconic voice of one of the highest selling rock acts of all time, TOTO, will be returning to Australia for the first time in a decade to perform all the band’s big hits and more.  Joining him as Special Guest will be one of Australia’s favourite sons of rock, Mark Gable from the legendary Choirboys. 


6 days ago
Ozzy Osbourne, Black Sabbath, Noise11, Ros O'Gorman, Photo
Ozzy Ozbourne and Judas Priest Receive Metal Hammer Awards

The Metal Hammer Golden God Awards 2018 in association with Monster Energy was once again the ultimate celebration of the past 12 months of rock and metal from around the world.

7 days ago
Brian Cadd APIA Good Times Tour 2015
My Mate Brian Cadd Is Awarded The Order of Australia

It is such a thrill to see my mate Brian Cadd has been awarded the Order of Australia (AM) for his remarkable music career as well as his quiet achievements.

June 11, 2018
Hall & Oates - Photo by Ros O'Gorman
Hall & Oates and Train Play Massachusetts #REVIEW

One of the best package tours of 2017 was the keen pairing of Philly-soul icons, Daryl Hall & John Oates (Hall & Oates) with another exceptional duo, Tears for Fears, which turned out to be both a critical and commercial success.

June 11, 2018