‘Stairway to Heaven’ Copyright Case Won’t Go to Supreme Court

By | October 6, 2020
‘Stairway to Heaven’ Copyright Case Won’t Go to Supreme Court

‘Stairway to Heaven’ Copyright Case Received’t Go to Supreme Courtroom

The lengthy highway of a copyright swimsuit over Led Zeppelin’s 1971 megahit “Stairway to Heaven” got here to an finish on Monday, when america Supreme Courtroom introduced that it had declined to listen to the case.

The excessive courtroom’s choice implies that a ruling for Led Zeppelin in March by america Courtroom of Appeals for the Ninth Circuit will stand. That ruling affirmed Led Zeppelin’s victory at a trial in 2016 over a problem led by a trustee representing “Taurus,” a 1968 music by the psychedelic band Spirit.

“Taurus,” written by Randy Wolfe — higher often known as Randy California, the nickname Jimi Hendrix gave him — has lengthy drawn comparisons to the pastoral opening phase of “Stairway to Heaven,” a staple of rock radio that, by some estimates, has earned greater than $500 million. The 2 songs share related chord progressions and a bass line that descends alongside a chromatic scale.

When the case was filed in 2014, it might have appeared a run-of-the-mill copyright infringement struggle, if an particularly high-profile one. However the case got here to embody a number of the most contested questions in music regulation immediately, together with precisely what is roofed by the registration paperwork of previous songs and whether or not copyright could be claimed over widespread chord progressions or brief sequences of notes.

The case drew intense curiosity within the music trade, which had been reeling since a jury present in 2015 that Robin Thicke’s hit “Blurred Traces” had copied Marvin Gaye’s 1977 music “Received to Give It Up.” Even the Trump administration weighed in, with the Justice Division submitting a short in assist of Led Zeppelin.

The ruling by the Ninth Circuit, in San Francisco, caught the eye of attorneys and different judges. The courtroom mentioned that with regards to works involving generic or commonplace components, solely a minimal, or “skinny,” degree of copyright applies to them, and that to prevail a plaintiff should present that one other work is “nearly an identical” to theirs. The choice successfully positioned a hurdle in entrance of many plaintiffs in music copyright circumstances.

The appellate judges additionally held that for musical compositions earlier than 1978, when a brand new regulation took impact, solely the fabric on the sheet music submitted to the Copyright Workplace (generally referred to as a deposit copy) was legally protected. For songs like “Taurus,” the place solely a primary sketch had been submitted, it meant that most of the notes heard on a recording weren’t lined by copyright — and thus couldn’t be infringed upon.

The Ninth Circuit’s ruling had an instantaneous influence and was broadly seen as giving a bonus to defendants in music copyright circumstances, which regularly embody pop stars and the businesses that launch their music and sometimes management their copyrights.

Citing the appeals courtroom’s choice, a federal choose in March threw out a jury’s $2.8 million verdict in opposition to Katy Perry, who had been discovered to repeat an eight-note melodic sample from a Christian rap music. A New York choose additionally cited the Led Zeppelin choice in a case involving Ed Sheeran’s music “Pondering Out Loud,” which was mentioned to have copied one other Gaye basic, “Let’s Get It On.”

The Sheeran case is scheduled to go to trial subsequent month. However final week, attorneys for the singer requested the choose for a delay as a result of, they mentioned, Sheeran and different witnesses, who’re British residents, could not enter america beneath present coronavirus journey restrictions.

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