See other Resistance Articles
Title: Led Zeppelin Scores Big Win in ‘Stairway to Heaven’ Copyright Case
Source:
[None]
URL Source: https://www.msn.com/en-us/music/new ... se/ar-BB10X5yD?ocid=spartanntp
Published: Mar 9, 2020
Author: Gene Maddaus
Post Date: 2020-03-21 16:32:03 by BTP Holdings
Keywords: None
Views: 683
Comments: 10
Led Zeppelin Scores Big Win in ‘Stairway to Heaven’ Copyright Case Gene Maddaus 3/9/2020 Led Zeppelin scored a major win on Monday in the copyright battle over “Stairway to Heaven,” as the 9th Circuit Court of Appeals upheld a jury verdict finding the song did not infringe on the 1968 song “Taurus.” © Ian Dickson/REX/Shutterstock The ruling is also a significant win for the music industry, which has felt itself fighting a losing battle against frivolous copyright suits since the “Blurred Lines” trial in 2015. The court overturned the so-called “inverse ratio rule,” a precedent that has governed copyright cases in the 9th Circuit for the last 43 years. To prove copyright infringement, a plaintiff must show that the alleged infringer had access to the plaintiff’s work, and that the two works are “substantially similar.” The inverse ratio rule — which had not been adopted in other circuits — held that the more access was shown, the less similarity was required to establish infringement. The rule has been a thorn in the side of defendants — including record labels and major artists — for decades. In overturning the rule, the appeals court noted that the idea of “access” has become diluted in the digital age, as millions of works are readily available on Netflix, YouTube, and Spotify. The court also held that the rule has the effect of establishing a lower burden of proof for infringement of popular works. “It was a terrible rule,” said Ed McPherson, an attorney who filed an amicus brief in support of Led Zeppelin, on behalf of songwriters, producers and musicians. “If you have a lot of access, that shouldn’t mean there should be a lesser standard to prove copyright infringement. It’s never made sense to me.” The court also pushed back on the claims of similarity in the Led Zeppelin case, in an opinion that should hearten critics of the “Blurred Lines” decision. “We have never extended copyright protection to just a few notes,” the court held. “Instead we have held that ‘a four-note sequence common in the music field’ is not the copyrightable expression in a song.” The Zeppelin case began in 2014, when journalist Michael Skidmore filed suit on behalf of the estate of Randy Wolfe, the late frontman of the band “Spirit.” The lawsuit alleged that the iconic opening instrumental riff in “Stairway to Heaven” was lifted from Spirit’s 1968 song “Taurus.” A jury ruled against the plaintiffs in 2016, but a three-judge panel of the 9th Circuit Court of Appeals revived the case in September 2018. The panel held that Judge Gary Klausner had given the wrong jury instructions, and ordered a new trial. Led Zeppelin’s attorneys appealed to the full circuit, which heard the case last September. McPherson said he was not sure whether the court would take the opportunity to overturn the inverse ratio rule, as the subject hardly came up at oral argument. “I’m thrilled they did do it,” he said. “It’s a terrific decision. I have renewed faith in the 9th Circuit.”
Post Comment Private Reply Ignore Thread
Top • Page Up • Full Thread • Page Down • Bottom/Latest
#1. To: BTP Holdings (#0)
I have to agree with this ruling if it was just about the S2H introduction. It's a complicated subject since the unofficial agreement in the post-hippie age has mostly been that artists borrow music freely from each other with no hassle. Any popular musician has the legal right to sue over it but few do. I've always thought it a travesty that the owners of He's So Fine won against George Harrison for My Sweet Lord -- if there had to be a big ruckus, why over the spiritual Beatle? Am gonna take a wild guess it was a jew company's assault on a goy singer's faux-Christian message. _____________________________________________________________ USA! USA! USA! Bringing you democracy, or else! there were strains of VD that were incurable, and they were first found in the Philippines and then transmitted to the Korean working girls via US military. The 'incurables' we were told were first taken back to a military hospital in the Philippines to quietly die. – 4um
I'm not convinced StH was lifted from Taurus. It's similar but not copied, IMO.
As is the case with lots of motifs. How about Dream On? ;) I'm not at all familiar with Spirit's music, but a book I have raves them to the skies -- ditto Sons of Champlin etc. It's a hilarious, eccentric draft printing of Lillian Roxon's Rock Encyclopedia -- often misspells 'gigging' giggling etc. _____________________________________________________________ USA! USA! USA! Bringing you democracy, or else! there were strains of VD that were incurable, and they were first found in the Philippines and then transmitted to the Korean working girls via US military. The 'incurables' we were told were first taken back to a military hospital in the Philippines to quietly die. – 4um
I had never heard of them or their music before this lawsuit was filed.
During times of universal deceit, telling the truth becomes a revolutionary act. No, I have no memory of that song either.
Oh geeze for a moment there I thought you were saying you've never heard of Led Zeppelin. 😁😁
Every time Whole Lotta Love comes on the radio I wish I never had :-s
_____________________________________________________________ USA! USA! USA! Bringing you democracy, or else! there were strains of VD that were incurable, and they were first found in the Philippines and then transmitted to the Korean working girls via US military. The 'incurables' we were told were first taken back to a military hospital in the Philippines to quietly die. – 4um
When we worked Michael Jackson in Chicago they were filming him when he was walking up the ramp to go onstage at the start of the show. I believe he did "the moonwalk" on stage that night. But my spot was behind the stage so I'm not clear on that. I am lucky to recall much from those times gone by because of the meningitis. ;) "When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke
When driving big truck there was another truck ahead of me. He blew a tire on his trailer. I said on the radio, "Was that you that blew that tire big truck?" He said, "Yeah, it was me." I said, "Oh good. For a minute I thought they was shootin' at us." ROTFLMAO! "When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke
#2. To: BTP Holdings (#0)
#3. To: Pinguinite (#2)
#4. To: NeoconsNailed (#3)
I'm not at all familiar with Spirit's music,
#5. To: Pinguinite (#4)
I had never heard of them or their music before this lawsuit was filed.
Those who most loudly denounce Fake News are typically those most aggressively disseminating it.
#6. To: Bill D Berger (#5)
#7. To: Pinguinite (#4)
(Edited)
"After tomorrow those SOB's will never embarrass me again. That’s not a threat. That’s a promise.” – LBJ to his mistress Madeleine Brown on the eve of JFK assassination 
#8. To: FormerLurker (#7)
#9. To: Bill D Berger (#5)
(Edited)
#10. To: FormerLurker (#7)
for a moment there I thought
Top • Page Up • Full Thread • Page Down • Bottom/Latest