June 19, 2016 –
So I’m up to my ears in work, up to my ears in those pesky little things called life decisions. In those times, I do little else, but work. Well, that and, this time, see doctors for this crazy allergic reaction to bug bites. Before the past say… two weeks, I was paying a lot of attention to music. There are segments on our rock radio featuring local talent, featuring new music, even musings about rock being alive and well. But what is consuming my attention is finance, politics, my business interests, the business interests of those I know, and my overriding need to rebuild. That rebuilding always starts with my core, with what I’ve always sold; it is always based on the law. In these times, those efforts consume me so much that even being semi-normal (I don’t profess to be actually normal) goes on hold.
So I find strange comfort in coming across the similar path of my heroes, or some of my heroes. The venerable Led Zeppelin is having its day in court, literally a TRIAL (capitals used out of my own disbelief that anyone would let this go to trial) that started, with the completion of jury selection on June 14, 2016, in my very stomping grounds, Los Angeles. The case – the claim by heirs of Randy California of the band Spirit who assert that Spirit’s song Taurus, released on Spirits debut album on January 22, 1968, influenced (notice I can’t use the copy word here) the chord progression in Stairway to Heaven, released on November 8, 1971 on Led Zeppelin IV, with the plaintiff’s claiming Zep guitarist and credited writer Jimmy Page knew of Taurus from Spirit touring as a supporting act to Zep and from Spirit’s record being in Page’s music collection.
I haven’t followed the case since 2014, when it became news that the writing credits for the song had come under question. I never thought this case would get to trial. I always believed there would be some successful statute of limitations argument. I mean, really, how does one not know of the song Stairway to Heaven since the November 8, 1971 release of Led Zeppelin IV? How is that not a seriously too old of a claim? At some point, I’m going to pull the court record to find out what was decided on that point. I’ve not seen mention in the press to statute of limitations, but instead only to jurisdictional arguments (arguing that the case was in the wrong forum), but I’m sure the best and brightest of this town somewhere addressed statute of limitations. So I’m going to let it go. For now. But that aside, cases like this settle, always! There’s just too much at stake! So now… now I have to get to the bottom of this. In my personal opinion, without knowing anything, someone is, insert some lawyer, is crazy here, like bat-shit…. This case is having a trial? What?
Here’s what I know right now, a time-line taken from http://ultimateclassicrock.com/led-zeppelin-trial-2016 (with links to these individual items as extra stories):
Jan. 22, 1968: Spirit release their self-titled debut album, including the instrumental “Taurus” — which contains the chord progression that would later sit at the heart of the plagiarism lawsuit against Led Zeppelin.
Nov. 8, 1971: “Stairway to Heaven” makes its recorded debut on the untitled album typically referred to as Led Zeppelin IV.
May 16, 2014: Founding Spirit bassist Mark Andes files the lawsuit through California’s estate, seeking to prevent a scheduled reissue of the Led Zeppelin IV and have the songwriting credits for “Stairway to Heaven” amended.
May 25, 2014: Francis Malofiy, a lawyer representing the California estate, is admonished by a judge in a separate case, who describes Malofiy’s actions as the “paradigm of bad faith and intentional misconduct” and hints that he might deserve to be disbarred.
May 29, 2014: Page labels the lawsuit “ridiculous.”
Sept. 10, 2014: Top entertainment lawyer Helene Freeman is retained to argue the case on behalf of Led Zeppelin.
Oct. 18, 2014: Zeppelin’s attorneys try to have the case thrown out over a question of jurisdiction, arguing that because Page and Plant are “British citizens residing in England, own no property in Pennsylvania and have no contacts with Pennsylvania,” they shouldn’t be compelled to stand trial. Their efforts are unsuccessful.
May 8, 2015: Over the plaintiff’s objections, a change of venue is ordered, moving case proceedings from Philadelphia to Los Angeles.
May 26, 2015: The Led Zeppelin legal team files an official response to the lawsuit, which unsurprisingly disputes the California estate’s claims … while admitting that the members of the band are, in fact, “exceptionally talented.”
Jan. 14, 2016: Zeppelin’s lawyers tried and failed to have the case dismissed on the grounds that the California trust is allegedly not legally valid.
Feb. 10, 2016: The California estate’s attorneys were dealt a setback after requests for a delay in order to allow them further time to analyze the master recordings relevant to the case — and Zeppelin’s lawyers added insult to injury by dismissing their claim as “baseless.”
Feb. 28, 2016: Page insisted that, while Led Zeppelin at one point shared a concert bill with Spirit — and he had albums by the ban in his record collection — he’d never heard “Taurus,” the Spirit song he stood accused of plagiarizing for “Stairway to Heaven.”
April 13, 2016: The judge presiding over the case ruled that it would go to trial — over the longstanding objections, and years of maneuvering, by Zeppelin’s attorneys.
May 4, 2016: Rumors surfaced that there was a potential deal on the table settling the suit for a $1 ceremonial judgment — and an amended songwriting credit for “Stairway to Heaven” that would list California as one of its composers going forward.
May 24, 2016: Zeppelin’s attorneys complained that lawyers for the California estate were “playing to the press” and “tainting the jury pool.”
June 14, 2016: Trial proceedings started. Jury selection was completed after seven of the first 14 potential jurors were dismissed, including one who professed his undying love for the music of Led Zeppelin.
June 15, 2016: Page takes the stand (contrary to earlier reports suggesting he and Plant wouldn’t be present) during the first day of the trial — during which he revealed the massive size of his music collection and the plaintiff’s lawyers risked a mistrial by playing a video that wasn’t part of the joint list of exhibits submitted beforehand.
June 16, 2016: Page was asked by Malofiy about the influence of “Chim Chim Cher-ee” from the Disney film Mary Poppins on “Stairway to Heaven.” Malofiy repeatedly angered Judge Gary Klausner for straying too far off course with his line of questioning and for the handling of evidence.
June 17, 2016: An economist took the stand and said that Led Zeppelin have earned $58.5 million for their songs over the past few years. And the defense started its case with a music expert who explained that the chord progressions used in both “Stairway to Heaven” and “Taurus” have been around for 300 years. John Paul Jones, who’s not named as a defendant in the case, also took the stand for 20 minutes, saying he was present when Page first played him “Stairway” on acoustic guitar.
Other than the overwhelming desire to understand why this case ever got to a trial, I’m left with a few thoughts. First, I would have loved to see that juror who “professed his undying love for the music of Led Zeppelin” in federal court, the most intense and serious place ever, like serious on the same steroids I’m on right now. Second, how hilarious is it that there is an economist-expert on the subject of chord progressions? I want to know where he came from. And yes, 300 years sounds about right for those chord progressions, but does that mean I can copy Stairway? Does that mean the chord progressions are generic in some sense? Humm… That’s an entire can of worms itself. And the cherry on top of this all…. Jimmy Page was, and perhaps is, testifying in court. Holy Cow!
I think I might have to go pay a visit to that courtroom, you know, as an interested citizen, interested musician, and … well, someone intensely interested and focused on the law, especially right now. So, as I read and do pretty much only law, I feel this amazing kindred spirit in Jimmy Page. And not that he will ever see this, and I would be perfectly quiet if in fact the courtroom is open for visitors, which they usually aren’t when testimony is being taken, so I guess I’ll conclude by saying….
Rock on, hell yeah, and XOXO to Jimmy Page, Robert Plant, John Paul Jones and the Bonham family. I’m rooting for you!