“Stairway to Heaven” not copyright infringement

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ASPartOfMe
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10 Mar 2020, 7:31 am

Led Zeppelin wins 'Stairway to Heaven' copyright dispute

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Led Zeppelin prevailed in a long-running copyright dispute after the 9th U.S. Circuit Court of Appeals upheld a jury verdict saying the rock band's 1971 megahit "Stairway to Heaven" did not illegally borrow from Spirit's 1968 track "Taurus."

"The trial and appeal process has been a long climb up the 'Stairway to Heaven,'" read the judges' opinion, which was filed Monday and affirmed "that Led Zeppelin's 'Stairway to Heaven' did not infringe Spirit's 'Taurus.'"

The copyright battle dates to 2014, when the estate of Spirit guitarist Randy Wolfe sued Led Zeppelin, alleging copyright infringement. Wolfe, whose stage name was Randy California, died in 1997.

A jury ruled against the estate two years later, after which attorneys for the estate sought a new trial. In 2018, a three-judge panel of the 9th Circuit Court ruled in favor of the estate. In response, Led Zeppelin's attorneys sought a rehearing before the full 9th Circuit, which heard the case in September.

The court's decision may establish new standards in the music industry, which, coinciding with the rise of streaming platforms, has been plagued by a flurry of copyright lawsuits in recent years. In issuing its ruling, the court overturned the "inverse ratio rule," which stated that the more access an alleged infringer has to a plaintiff's work, the less similarity between the works was needed to establish infringement.

"The flaws in the rule can be seen in the inconsistent ways in which we have applied the rule within our circuit," reads the opinion. "Nothing in copyright law suggests that a work deserves stronger legal protection simply because it is more popular or owned by better-funded rights holders."

The judges also added that they would not extend copyright protection to just a few notes, proclaiming that "a four-note sequence common in the music field is not the copyrightable expression in a song."


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Karamazov
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10 Mar 2020, 7:47 am

Although in this instance the songs are very similar I must say that from a classical perspective the seeming enthusiasm of pop publishers for copyrighting line cliches and harmonic sequences is foolish madness.

It’s akin to literary publishers copyrighting proverbial sayings and grammatical syntax.



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10 Mar 2020, 8:41 am

the zeppelin song is so well done that, even if it were infringement, it shouldn't even matter lol


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Karamazov
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10 Mar 2020, 8:54 am

Kiprobalhato wrote:
the zeppelin song is so well done that, even if it were infringement, it shouldn't even matter lol


That goes for their first four albums really! :lol:



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11 Mar 2020, 4:11 am

It was pretty clearly stolen whether or not it's considered to have infringed, then again most of Led Zeppelin's catalogue was built from appropriated blues songs.


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Karamazov
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11 Mar 2020, 4:29 am

^ but it’s only within popular music that this sort of thing is considered bad form: in classical, folk, jazz & blues taking musical ideas, or whole tunes, from previous works and re-arranging/re-interpreting then is either standard, or a fully respectable option.

It does get a bit contentious in situations such as Simon & Garfunkel straight up lifting the entirety of Martin Carthy’s arrangement of Scarborough Fair, granted... but if I remember rightly his issue wasn’t with them using it, so much as with the lack of acknowledgement. (He taught the song to them)



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11 Mar 2020, 4:25 pm

Karamazov wrote:
^ but it’s only within popular music that this sort of thing is considered bad form: in classical, folk, jazz & blues taking musical ideas, or whole tunes, from previous works and re-arranging/re-interpreting then is either standard, or a fully respectable option.

It does get a bit contentious in situations such as Simon & Garfunkel straight up lifting the entirety of Martin Carthy’s arrangement of Scarborough Fair, granted... but if I remember rightly his issue wasn’t with them using it, so much as with the lack of acknowledgement. (He taught the song to them)


I really have no issue with borrowing elements of other folks compositions, remember that I make shedloads of music made entirely out of samples. What I do have a problem with is not being open and honest about what you've borrowed or stolen, compounded by it being blatantly obvious. The other factor is that Led Zeppelin haven't always been so good about letting other artists do the same with their work as they've done with others. What's good for the goose is good for the gander; since Zeppelin stole from other artists regularly they never should have complained about the Beastie Boys sampling When The Levee Breaks to make Rhymin' and Stealin'.


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Karamazov
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11 Mar 2020, 5:18 pm

^ That is a fair criticism of Led Zep in particular: brilliant interpreters of a tradition... but less than full ethical soundness when it comes admitting that, and allowing the tradition to continue.

By the way, did they ever try suing RATM?
I’m pretty sure that Killing in the Name and Kashmir have a riff in common.



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11 Mar 2020, 5:27 pm

Karamazov wrote:
^ That is a fair criticism of Led Zep in particular: brilliant interpreters of a tradition... but less than full ethical soundness when it comes admitting that, and allowing the tradition to continue.

By the way, did they ever try suing RATM?
I’m pretty sure that Killing in the Name and Kashmir have a riff in common.


I don't believe so, and after looking over tabs for each it doesn't appear that's the case. They might have similar riffs, but they're played differently and not just as a result of them being in different tunings, drop-D for RAtM, open D for LZ.


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11 Mar 2020, 6:10 pm

^ just listened to both of them back to back*: I must’ve been thinking of something else...
...sure I’ve heard that RATM riff somewhere else in something older: but it’s gone! :P
Not that it matters.


*This was quite a trial: I can’t abide rapping (the human voice at that speed with that many plosives... ouch! My head, my head 8O ). Kashmir I’ve always found tedious in the extreme.



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13 Mar 2020, 9:04 am

Karamazov wrote:
^ just listened to both of them back to back*: I must’ve been thinking of something else...
...sure I’ve heard that RATM riff somewhere else in something older: but it’s gone! :P
Not that it matters.


*This was quite a trial: I can’t abide rapping (the human voice at that speed with that many plosives... ouch! My head, my head 8O ). Kashmir I’ve always found tedious in the extreme.


For what it's worth, most rappers (whether in hip-hop or in other genres) don't really go much faster than conversational speed, but there's something about sentences with a lot of the same syllables repeated that tricks our brains. I'm not an expert, but I believe this is related to the phenomenon that occurs when we hear a phrase repeated and perceive it as music due to repetition. I started enjoying hip-hop a lot more once I had picked up enough of the vocabulary to make sense of it and catch the wordplays, similes, etc.


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13 Mar 2020, 9:21 am

^ yeah: I know that a lot of skill & wit goes into rapping, just I can’t comprehend it because sensory issues :roll:

(I get the same with excited or passionate talking, regardless of the emotion behind it)



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13 Mar 2020, 9:29 am

Karamazov wrote:
^ yeah: I know that a lot of skill & wit goes into rapping, just I can’t comprehend it because sensory issues :roll:

(I get the same with excited or passionate talking, regardless of the emotion behind it)


Fair enough. My musical taste suggests I crave over-stimulation, even if there's still sensory issues causing that. I'm curious how you'd react to Woodpecker No. 1, because for me it was like my entire brain was being massaged, even the insides.


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13 Mar 2020, 10:44 am

^ :lol: had to turn it off after 16 seconds I’m afraid!
I could feel the heat buildup on the crown of my head and make of my neck and pulsating in my temples: which usually means I’m heading for a zone-out followed by a meltdown if I push it.

Would that be an example of what they call noisecore?



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14 Mar 2020, 6:37 pm

Karamazov wrote:
^ :lol: had to turn it off after 16 seconds I’m afraid!
I could feel the heat buildup on the crown of my head and make of my neck and pulsating in my temples: which usually means I’m heading for a zone-out followed by a meltdown if I push it.

Would that be an example of what they call noisecore?


I could feel the heat buildup on the crown of my head and make of my neck and pulsating in my temples

That's basically how it feels for me, only I interpret it as an almost overwhelmingly pleasant sensation. Like brain, only on my brain. Actually, that sensation probably plays a big role in drawing me further and further down the rabbit hole of music that causes sensory overload.

It would be an example of powernoise, although noise tends to be one of those genres with endless micro-genres. Not all noise is that harsh, it can be much more minimalist. Not all noise will have that prominent of rhythm either, powernoise is relatively musical as far as noise goes, even if it's really harsh and ugly.

Noisecore is more what happened when no-wave and noise rock met grindcore. The Locust or Melt-Banana would be good examples. Anal c**t might qualify too, even if they're more traditional grindcore that just happens to be noisy too. It's ultimately more musical than noise, since it's ultimately just really ugly sounding punk rock.


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14 Mar 2020, 6:55 pm

^Yes, I think I’m getting more sonically sensitive as I get older: at age 19 I enjoyed Sonic Youth’s early albums, Cradle of Filth, Aphex Twin... But I couldn’t cope with any of them by the age of thirty! :lol:
What was once enjoyable has become oppressive, but: I’ve developed a love for solo guitar music in the classical tradition. :D