Stairway to Heaven Lawsuit Trial Date Set

If you work in or around the music industry, you’re probably well aware of the fact that Led Zeppelin, one of the most popular bands of all time, has been embroiled in litigation over the writer credits for the band’s iconic megahit “Stairway to Heaven.” In 2014, the estate of guitarist Randy California, a founding member of the band Spirit, as well as another band member, sued Led Zeppelin in the U.S. District Court for the Eastern District of Pennsylvania for copyright infringement over the musical similarities between “Stairway to Heaven” and Spirit’s “Taurus.” The lawsuit states that Stairway’s iconic introduction was lifted directly from Taurus, which Led Zeppelin heard while opening for Spirit on several concerts in 1968 and 1969, and seeks monetary damages as well as crediting Randy California as a writer on Stairway to Heaven.

While Led Zeppelin was unsuccessful in dismissing the lawsuit, the band succeeded in having the case moved from Pennsylvania to Los Angeles, where a federal district judge has slated trial to begin on May 10th, 47 years to the day after Zeppelin performed a concert in Vancouver for a crowd of 4,000. Notably, the band’s defenses in this case don’t deny that Taurus was appropriated, or claim that the songs are dissimilar. Instead, Led Zeppelin claims that the Plaintiffs have no standing to bring this lawsuit in the first place, for three reasons. First, the band asserts that Randy California wrote Taurus as a work for hire, meaning that he created the music pursuant to his contract with Hollenbeck Music and solely on Hollenbeck’s behalf, and therefore never owned the copyright himself. Second, the Defendants argue that California waived any claim to the work in a 1991 interview when he was asked about the similarities between Taurus and Stairway, ultimately responding that “if they wanted to use [Taurus], that’s fine,” and “I’ll let them have . . . Taurus for their song without a lawsuit.” Finally, the members of Led Zeppelin claim that they have been prejudiced by the fact that Plaintiffs waited over 40 years to bring this claim, during which time Stairway to Heaven became one of the highest-earning songs in history, and increasing the amount of damages sought by the Plaintiffs.

This is a case of landmark proportions. The fact that Led Zeppelin, a British band, was found to be subject to personal jurisdiction, first in Pennsylvania and now in Los Angeles, demonstrates that jurisdictional requirements can be met by non-resident musicians simply by marketing and selling records in a particular place. Recent efforts by the parties to settle the case have been fruitless, and we expect the case to proceed to trial roughly a month from now, as scheduled. Stay tuned as the court finally resolves this copyright infringement matter involving one of the most iconic, widely recognizable songs of all time.

Frank Gulino is an award-winning composer and attorney with Berenzweig Leonard, LLP. He can be reached at FGulino@BerenzweigLaw.com.

Stairway to the Courthouse: Part II

Led Zeppelin, one of the most popular bands of all time, has lost its first court battle in the lawsuit over iconic megahit “Stairway to Heaven,” brought by the estate of guitarist Randy California and profiled in one of our earlier blog posts.

The lawsuit was filed in the U.S. District Court for the Eastern District of Pennsylvania by the trust of the late Randy California, a founding member of the band Spirit, and Spirit bassist Mark Andes, and alleges copyright infringement as well as “Falsification of Rock N’ Roll History.”

In 1968 and ‘69, Spirit and Led Zeppelin performed several concerts together that featured one of Spirit’s instrumental tracks, called “Taurus.” The lawsuit states that Stairway’s iconic introduction was lifted directly from Taurus, which Led Zeppelin heard while opening for Spirit on those concerts, and seeks monetary damages as well as a writing credit for California.

The Led Zeppelin members named as defendants moved to dismiss the suit on the grounds that they are all British and have no ties to Pennsylvania. The District Court judge, however, denied the band’s motion and has allowed the lawsuit to proceed. Under the so-called “effects” test, a district court can exercise personal jurisdiction over a non-resident defendant if the plaintiff felt the brunt of the harm there or if the defendants allegedly aimed their conduct there. In this instance, the fact that Stairway to Heaven is one of the best-selling, most profitable musical works of all time suggests that Led Zeppelin’s conduct in marketing, selling, and performing the song was essentially aimed at Pennsylvania, among other places, so the judge ruled that the case will remain in the Eastern District of Pennsylvania.

The cause of action for “Falsification of Rock N’ Roll History” will almost certainly be invalidated because, frankly, it’s both non-existent and completely ridiculous, but the plaintiffs here have won the first procedural battle and successfully thwarted Led Zeppelin’s efforts to have the case tossed on jurisdictional grounds. If nothing else, this development serves to show that musicians and entertainers are uniquely vulnerable to the “effects” test, and can be hailed into court in far off places simply by having successfully marketed and sold records there. We will continue to monitor the case as the battle against the legendary rock band continues.

Frank Gulino is an award-winning composer and attorney with Berenzweig Leonard, LLP. He can be reached at FGulino@BerenzweigLaw.com.