Top Defense Verdict: Skidmore v. Led Zeppelin

More than 40 years after Led Zeppelin released its most iconic song, "Stairway to Heaven," the band was called to court to defend itself from accusations of infringement.

The lawsuit was filed by the estate of Randy California, the lead singer of the funk rock band Spirit. Not long after the U.S. Supreme Court ruled in Petrella v. Metro-Goldwyn-Meyer Inc. that the equitable defense of laches could not be invoked to block claims for damages within a three-year window, Judge R. Gary Klausner sent the lawsuit to a jury trial.

The infringement claim stemmed from the song's opening chords, which plaintiff's attorney Francis Malofiy claimed was copied from the Spirit track, "Taurus." Throughout trial, Malofiy emphasized the access Led Zeppelin would have had access to the track, presenting evidence that the bands had performed together and were familiar with each other's music.

Peter J. Anderson, a Santa Monica-based sole practitioner who served as lead counsel for the band's surviving members and co-defendants Warner/Chappell Music Inc., Atlantic Recording Corp. and Rhino Entertainment Co., said the similar sections of the songs at issue were a simple chord progression found in songs that preceded the Spirit track by centuries. During trial he played, as an example, a portion of an early 1960s song, "To Catch A Shad," which bore a striking resemblance to "Taurus."

Anderson said a finding of substantial similarity would have had a chilling effect on the music world, since the claim was based on the use of public domain material.

"If you hear these two songs and don't have a musical background, you might say they sound similar. So it was a battle to explain to jurors that yes, they do sound similar, but it's because of this very basic chord progression that is a common musical element," Anderson said.

HELENE M. FREEMAN

Band members Jimmy Page and Robert Plant were present throughout the trial. Anderson, who learned to play guitar from Led Zeppelin songbooks growing up, said the band was eager to win vindication and "they were very pleased with the verdict."

— Steven Crighton