Legendary rock band Led Zeppelin is being sued by contemporary band Spirit for copyright infringement. It seems the “Stairway to Heaven” was easier to climb with a little lift from a song called “Taurus,” at least from the viewpoint of the estate of the late Spirit frontman Randy California.
It could have been an accident, right? In the legal world, that’s no excuse.
“The infringer’s intentions do not matter,” said Sandra Aistars, director of George Mason University’s Arts and Entertainment Advocacy Clinic at Mason’s School of Law. “It isn’t unusual to hear from musicians accused of copying another artists’ work that the similarities are coincidental.”
A California judge has already denied dismissal and the case goes to trial May 10. We asked Aistars what might happen:
Music experts sing a happy song:
“In order to prevail, the plaintiffs will have to prove both that Led Zeppelin had access to their work before writing ‘Stairway to Heaven’ and that substantial similarities exist between the works. Both composers are likely to bring in musicologists to argue over the similarities and differences of elements of the songs.
“Musicologists can also be helpful in separating out elements of the composition that are protected by copyright from parts that aren’t original enough to gain protection.”
How much money is Spirit likely to get?
“Settlements and damages awards are not predictable in the abstract because they depend on so many personal and factual issues.”
As Aistars explained, neither party is likely to be able to view the case objectively because the dispute is by nature so personal.
“The plaintiff feels ‘ripped off’ and the defendant’s reputation and honor is being drawn into question,” she said.
Sandra Aistars can be reached at saistars@gmu.edu or 703-993-8158.
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