Zeppelin wins latest battle of the bands in `Stairway' fight

LOS ANGELES (AP) ā€” A federal appeals court on Monday restored a jury verdict that found Led Zeppelin did not steal ā€œStairway to Heaven."

The 9th U.S. Circuit Court of Appeals in San Francisco handed the major win to guitarist Jimmy Page and singer Robert Plant and dealt a blow to the estate of Randy Wolfe of the band Spirit. The estate claimed that the 1971 mega-hit ā€œStairway to Heavenā€ violated the copyright of the 1968 song ā€œTaurus.ā€

A majority of an 11-judge panel overturned a previous ruling that the jury in the 2016 trial should have heard the recording of ā€œTaurus" and was given poor instructions before jurors found in favor of Page and Plant.

The composition of the two songs, not their recordings, were at issue in the case, but the plaintiffs had sought to play the two recordings for jurors as part of their argument that Page had access to the song ā€œTaurusā€ as required to prove a copyright violation.

The attorney for the estate, Francis Malofiy, said that Led Zeppelin prevailed because of technicalities and judges' misunderstanding of copyright law with their insistence that sheet-music transcriptions of the songs filed with the U.S. copyright office were the only relevant material, especially given that neither Page nor Wolfe even read music.

ā€œI have to go to court proving that Jimmy Page copied something that he never saw,ā€ said Malofiy, who plans to appeal the decision.

He said it was ā€œridiculous" that jurors could not simply hear the two songs in dispute, and that if they could the case would be an easy call for the Wolfe estate.

ā€œIts frustrating when justice is the search for the truth and the truth escapes us,ā€ Malofiy said.

Representatives for Led Zeppelin declined comment.

Monday's ruling found that because the jury found that Page did have access to the song that the issue was irrelevant, and playing the recording might have prejudiced the jury to consider more than just the compositions.

ā€œWhen Page testified, he candidly admitted to owning ā€˜a copy of the album that contains ā€˜Taurus,ā€™ ā€ the ruling states. The jury found that both Page and Plant ā€™had access to the musical composition Taurus before ā€œStairway to Heavenā€ was created, it said.

"Once the jury made that finding, the remaining questions on the jury verdict form related to substantial similarity of the works.ā€

Many of the judges were skeptical at the case's hearing in September over the playing of the recording, suggesting that it was a backdoor way for the plaintiffs to get the jury to hear the record.

"You've got to get your sound recording in to win, don't you?" Judge Andrew D. Hurwitz said as he questioned Malofiy. ā€œYou lose the case unless you do. A hundred times out of a hundred.ā€