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Intellectual Property
Copyright Infringement
Right of Attribution - Falsification of Rock N' Roll History

Michael Skidmore, as Trustee for the Randy Craig Wolfe Trust v. Led Zeppelin, James Patrick Page, Robert Anthony Plant, John Paul Jones, Super Hype Publishing Inc., Warner Music Group Corp., Parent of: Warner/Chappell Music Inc., Atlantic Recording Corporation, Rhino Entertainment Company

Published: Aug. 13, 2016 | Result Date: Jun. 23, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2:15-cv-03462-RGK-AGR Verdict –  Defense

Court

USDC Central


Attorneys

Plaintiff

Glen L. Kulik
(Kulik, Gottesman, Siegel & Ware LLP)

Francis A. Malofiy
(Francis Alexander LLC)


Defendant

Michael Eidel
(Fox Rothschild LLP)

Peter J. Anderson
(Davis, Wright & Tremaine LLP)

Helene Freeman


Facts

Michael Skidmore, as Trustee for the Randy Craig Wolfe Trust, filed an infringement action against Led Zeppelin, James Patrick Page, Robert Anthony Plant, John Paul Jones, Super Hype Publishing Inc., and Warner Music Group Corp., parent of Warner/Chappell Music Inc., Atlantic Recording Corp., and Rhino Entertainment Co., in connection with Spirit's track "Taurus."

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff allegedly owned the copyright to "Taurus." Defendants allegedly infringed the track while creating "Stairway to Heaven," which Led Zeppelin band members had access to when the bands went on tour in the late 1960's. Plaintiff asserted causes of action for direct copyright infringement, contributory copyright infringement, vicarious copyright infringement, and right of attribution, equitable relief falsification of rock n' roll history.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's accusations.

Damages

Skidmore sought $150,000 in statutory damages per infringement as well as compensatory, exemplary, and punitive damages. Skidmore also sought equitable relief.

Result

Ultimately, the jury rendered a defense verdict. Though finding that Led Zeppelin had access to the subject song, the jury nevertheless determined that the two tracks were not extrinsically similar.


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