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)
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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