A lawsuit filed in Pennsylvania claiming that the popular English rock band Led Zeppelin plagiarized the iconic song “Stairway to Heaven” is moving forward after a federal judge denied the band’s motion to dismiss the case. The case claims that Zeppelin lifted parts of “Stairway” from “Taurus,” a song by the lesser-known American band, Spirit. The suit was filed by the Randy Craig Wolfe Trust, a group that’s made up of family members of Spirit’s founder, better known as Randy California. They stand to gain a chunk of Zeppelin’s earnings from the song, which as of 2008 were valued at about $562 million.

“Stairway” was released in 1971, three years after “Taurus.” It’s possible that Zeppelin was heavily influenced by Spirit, as they played together several times in 1968 and 1969. When listened to, no Zeppelin fan can deny that the two songs are very similar. Namely, the opening to the eight-minute “Stairway” sounds a lot like the entirety of Spirit’s two-and-a-half minute song, which is an instrumental with no vocals.

The plaintiff’s complaint is amended from an original one filed in May. Zeppelin’s lawyers in September filed a motion to dismiss the case, arguing that there was no sense in the suit taking place in Pennsylvania, as they’re all British citizens who have no connection or property in Pennsylvania. Zeppelin’s motion said that they’d be willing to move the case to Los Angeles, but Philadelphia Federal District Court Judge Juan Sánchez denied the motion to dismiss after the plaintiff amended the case to say that Zeppelin has made money off of Stairway in Pennsylvania, and therefore it is an appropriate venue.

The Daily Beast points out that Zeppelin is no stranger to lawsuits about its content. The band has been sued by for its songs, “Bring It on Home,” “Killing Floor,” and “Dazed and Confused” by artists alleging that Zeppelin’s songs are too similar to their own. All those cases, however, were settled outside of the courtroom.

If this case doesn’t end in a settlement, however, a court would have to rule whether Zeppelin infringed Spirit’s copyright by deciding whether “Stairway” sounds like “Taurus.” Even if the judge or jury believes that Zeppelin copied Spirit subconsciously, precedent tells us it’s enough to say they plagiarised. In an infamous 1976 case, former Beatle George Harrison was found liable of copyright infringement for using similar music in his song “My Sweet Lord” as the song “He’s So Fine” by Ronald Mack. The court ruled that Harrison unconsciously plagiarized Mack’s work

Although this may sound like the beginning of the end for “Stairway’s” reign as one of rock and roll’s greatest songs, the details of the case suggest otherwise. Sánchez denied Zeppelin’s motion to dismiss “without prejudice to reassertion as to Plaintiff’s Amended Complaint.” As an article in Bloomberg Businessweek explains, all that complicated legalese means is that Zeppelin can argue another reason to dismiss the case, and they’ll probably succeed.

That being said, it’s noteworthy that Zeppelin picked the Pennsylvania venue as the reason to ask for a dismissal, and that they are willing to take on the case in California, where Spirit is from and where there could be more relevant witnesses. If Zeppelin has a better reason to dismiss the case, they might have used it already. There is no telling at this point, but I have to say, ooh, it makes me wonder.

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Zaid Shoorbajee (@ZBajee)

Featured image courtesy of [Heinrich Klaffs vi Flickr]

Zaid Shoorbajee

Zaid Shoorbajee is a an undergraduate student at The George Washington University majoring in journalism and economics. He is from the Washington, D.C. area and likes reading and writing about international affairs, politics, business and technology (especially when they intersect). Contact Zaid at staff@LawStreetMedia.com.

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