Copyright Law Update: Led Zeppelin Prevails at the 9th Circuit Court of Appeals

For years, the members of Led Zeppelin have been defending a copyright lawsuit brought by the trustees of The Estate of Randy Wolfe, which alleged that Zeppelin had infringed on the Estate’s copyright of Taurus, which was a song written by Wolfe and performed by his band Spirit in the late 1960s.

Today, the Ninth Circuit Court of Appeals issued an en banc ruling which ultimately sides with Led Zeppelin. The Ninth Circuit was considering the Estate’s appeal of the District Court ruling after a jury determined that no copyright infringement occurred. This is a vindication for Led Zeppelin and likely ends this claim. The Estate’s only recourse now is to file a petition for Certiorari with the US Supreme Court. The Supreme Court receives tens of thousands of petitions a year, and can only grant a hearing in an extremely small percentage of those matters.

For musicians following these issues, consider the following passage from the Ninth Circuit’s opinion:

The claimed portion includes five descending notes of a chromatic musical scale…the beginning of Stairway to Heaven also incorporates a descending chromatic minor chord progression in A minor. However, the composition of Stairway to Heaven has a different ascending line that is played concurrently with the descending chromatic line, and a distinct sequence of pitches in the arpeggios, which are not present in Taurus.

You can read the Ninth’s Circuit’s opinion below:

Skidmore v. Led Zeppelin, et al., No. 16-56057 (9th Cir. 2020). - Free download as PDF File (.pdf), Text File (.txt) or read online for free. This is the opinion of the Ninth Circuit Court of Appeals in the matter of Skidmore v. Led Zeppelin.