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8 May 2015Copyright

US court rejects Led Zeppelin’s attempt to dismiss Stairway to Heaven case

A US judge has tossed out rock band Led Zeppelin’s attempt to dismiss a copyright claim over its 1970s hit “Stairway to Heaven” before the case goes to trial.

Judge Juan Sanchez at the US District Court for the Eastern District of Pennsylvania rejected Led Zeppelin’s bid to dismiss the case on Wednesday (May 6), but granted the band’s request to change the location of the trial.

Led Zeppelin had asked that either the case be dismissed or that the location be changed to the US District for the Central District of California, where it would be able to call on more witnesses.

The dispute concerns a claim by Michael Skidmore filed on behalf of the late Randy Craig, the founder of rock-band Spirit. Skidmore claimed that “Stairway to Heaven” infringes the copyright of Spirit’s song “Taurus”.

Skidmore is a trustee of the Randy Craig Wolfe Trust, an organisation set up by Craig, whose stage name was Randy California.

“Taurus” is a two-and-a-half minute instrumental and features on Spirit’s 1968 self-titled debut album.

Spirit claimed that Led Zeppelin became familiar with the song when the band was supporting them in various performances across the US in the 1960s.

In 1997, California reportedly told music magazine Listener that he thought “Stairway to Heaven” was a “rip off” of Taurus. He died later that year.

Skidmore filed the claim on behalf of California at the Pennsylvania court in May last year.

He requested that the court rule that the infringement was wilful and demanded that Led Zeppelin pay his legal costs.

Skidmore also requested that California be credited as a writer of the song.

Warner Music Group and Atlantic Recording Corporation, Led Zeppelin’s record labels, have also been named as defendants in the lawsuit.

The case will now be heard at the California district court but Sanchez did not give an indication when the trial will start.

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