IP Bite: Led Zeppelin keeps its "Stairway to Heaven"

On 9 March 2020, the 9th Circuit United States Court of Appeal upheld a jury verdict finding that the well-known song "Stairway to Heaven" by UK band Led Zeppelin did not infringe copyright in the song "Taurus" by guitarist Randy Wolfe (performed by the band, Spirit).

The copyright work in issue was for the unpublished musical composition of the song "Taurus" which was registered in the US in 1967 (in Australia it is not possible to register copyright). The 1909 US Copyright Act applied because the copyright was registered under that Act. Sound recordings were not granted copyright protection in the US until 1972.

Skidmore (the co-trustee of the Randy Wolfe Trust) claimed that the opening notes of "Stairway to Heaven" are substantially similar to the eight-measure passage at the start of the "Taurus" musical composition. Skidmore argued that the Led Zeppelin members heard performances or recordings of the song "Taurus" before creating "Stairway to Heaven" and therefore had access to copy the work. The jury found that "Stairway to Heaven" was not substantially similar to the "Taurus" musical composition. Skidmore appealed that decision.

The case considered the "inverse ratio rule" which requires a lower standard of proof of substantial similarity when a high degree of access is shown. The 9th Circuit Court overturned the rule noting the flaws in it demonstrated by the way the Court has considered it over the years. The Court stated that access does not negate the requirement that the plaintiff prove that the work was actually copied.

The 9th Circuit Court concluded that there were no errors in the way that the jury was instructed nor were any of the other challenges made by Skidmore established.

Authors: Annika Barrett, Senior Expertise Lawyer; and Lisa Ritson, Partner.