Timothy Nikonorov
Perhaps no other band have been branded with the mark of plagiarism as frequently as British rock legends Led Zeppelin. Several of their songs, including their hits “Whole Lotta Love” and “Dazed and Confused,” have faced legal and ethical troubles over the group’s failure to credit their glaring influences (Edwards). However, their 1971 ballad “Stairway to Heaven”— often considered Led Zeppelin’s magnum opus—provides a unique episode in the history of alleged plagiarism committed within Led Zeppelin’s discography. The supposed victim of plagiarism is not Zeppelin’s usual target of the work of blues artists, but rather a 1968 rock instrumental titled “Taurus” from the American band Spirit, who were only moderately successful in their lifetime. More importantly, it was a case where Led Zeppelin was legally cleared of infringement. However, the innocence of Zeppelin does not have a unanimous consensus. The legal discourse of copyright infringement in this case is divided into two camps: whether the songs’ musical composition should be the measure for theft, or whether the recorded performances and the exposure Led Zeppelin had to Spirit hold precedent instead. While Led Zeppelin’s plagiarism applies more to the latter perspective on infringement, and the former perspective which exonerated them has led to negative consequences historically and in the present, the band’s plagiarism is too accidental and miniscule for them to receive significant condemnation.
Preceding the legal dispute over “Stairway to Heaven” was the suspicions of Spirit member and songwriter Randy California. In the liner notes for the 1996 reissue of Spirit’s self-titled debut, which features “Taurus,” California reminisced that “people always asked [him] why ‘Stairway to Heaven’ sounds exactly like ‘Taurus’…I know Led Zeppelin played [Spirit’s song] ‘Fresh Garbage’ in their live set. They opened up for us on their first American tour in 1968“(qted. in Vincent). In other words, he knew the two bands had a history together, and Led Zeppelin was familiar enough with at least one of Spirit’s songs to play it in their live shows. To California, it would not be a stretch to say that Led Zeppelin’s familiarity with Spirit led them to plagiarize “Taurus.” Zeppelin’s alleged affront against Spirit angered California, who commented in an interview with Listener magazine that “it’s a sore point [with him]” that Led Zeppelin “made millions of bucks on [“Taurus”] and never said ‘thank you’ [or] ‘can we pay you some money for it?’” (qted. in Vincent). Following Randy California’s death in 1997, his estate continued his wish for credit and royalties from Zeppelin when in 2014 Michael Skidmore, who represented California’s estate, filed a lawsuit against Led Zeppelin for stealing “Taurus.”
In 2016 the first trial was held to determine whether “Stairway to Heaven” infringed on the copyright of “Taurus.” To uncover the truth, the jury did not listen to either song. Instead, they based their decision on sheet music, and excerpts from the two tracks played by a guitarist (Wang et. al). The presiding judge Robert Klausner barred the usage of recordings of “Taurus” and “Stairway to Heaven” in the trial (Egelko). This was because both songs were copyrighted under a 1909 copyright law which only protected musical compositions under copyright as sheet music. Sound recordings were not protected under copyright until 1972, which only applied to works released on or after that year, thereby excluding “Stairway to Heaven” and “Taurus” from having their recordings protected under copyright (Skidmore v Led Zeppelin 18). During the trial, the sheet music of both songs produced was proven to share little similarity by the expert witness Lawrence Ferrara, who testified in Zeppelin’s defense. He asserted that the only similarity was a “descending chromatic minor line progression.”(qted. in “Expert Testifies Stairway to Heaven Chord Progression Used 300 Years Ago”). Led Zeppelin guitarist Jimmy Page corroborated in court that this progression had also been used in other popular songs, such as “Chim Chim Cher-ee” from the film Mary Poppins (“Expert Testifies”). Because of this lack of substantial similarity and the limited claim “Taurus” had over the allegedly stolen progression, the court ruled in favor of Led Zeppelin.
However, the court’s decision was overruled in 2018 on appeal thanks to the efforts of the Randy California estate’s attorney Francis Malofiy. He argued that the trial should have allowed for both recordings to be played for the jury. Malofiy posited that sheet music was irrelevant to the case because Jimmy Page is musically illiterate (Wang et. al). If Page were to plagiarize a song, he would have to do it by ear and not through transcription. Focusing on how the guitarist could have plagiarized, the lawyer noted that “what we do know, and what we proved at trial, is that Jimmy Page has five of Spirit’s albums in his record collection” (qted. in Wang et. al). Here, Malofiy invokes a legal principle of copyright law known as the “inverse ratio rule.” This notion holds that if one can prove the alleged infringer had a great deal of access to the work of the infringed, the less proof they would need of actual resemblance (Skidmore v. Led Zeppelin 26). Since Page owned several Spirit records, he easily had access to “Taurus” for the purposes of plagiarism, in spite of the differing sheet music of “Stairway to Heaven” and “Taurus.”
The legal dispute was finally settled in 2020, when the US Court of Appeals for the Ninth Circuit upheld the original 2016 ruling. This court held that Judge Klausner had the right not to play sound recordings, as the 1909 copyright law was still on the books, and therefore both songs could only be compared with sheet music. Because of this, the court chose to disregard the “inverse ratio rule,” for it devalued the copyright law which places all value on physical resemblance over exposure (Skidmore v. Led Zeppelin 4). When looking at the sheet music, the court reaffirmed the position that the songs did not resemble each other closely enough to constitute infringement, which was seen in the different relationships between bass and treble clefs and eighth note rhythms (Skidmore v. Led Zeppelin 56). With this lack of infringement by the court’s standards, Led Zeppelin emerged as the victor of this legal battle.
Despite this, some within the legal world took issue with the finding. A Harvard Law Review article published in 2021 opposed the court’s decision to uphold the 1909 copyright law. Scholars Shyamkrishna Balganesh and Taisu Zhang note that the decision of Skidmore v. Led Zeppelin “has the practical effect of reducing pressure to grant attribution and royalties to songwriting influences.” This deprivation of accreditation also hurts little known influential artists within the modern context of the “winner-takes-all” streaming market (Balganesh et al). In said market, the only way artists can make a decent living is with a large hit. The uncredited influencers, and their families, can easily miss out on this opportunity by having their names uncredited on some of the largest hits of a decade. In the case of the battle over “Stairway to Heaven,” the estate of Randy California loses out on royalties derived from songwriting credits on one of the most beloved rock songs of all time.
On top of the modern streaming market, the authors also discuss the historical damage done by the 1909 copyright law. It hurt blues artists in particular, as their songs “did not translate well into sheet music, because originality in blues music…lay not in the raw materials employed for the composition, but in the style and presentation” (Balganesh et al). Musical works are not only defined by their transcribed melodies, but also in the execution of the ideas of the musician. In addition, this creates an ironic situation where the blues rock band dodged the repercussions of copyright infringement on the basis of a law that failed to benefit many of the artists who inspired them.
Beyond legality, a moral argument against the alleged infringement of Led Zeppelin can be constructed from the work of Jonathan Letham. His essay “The Ecstasy of Influence” skewers the current American copyright system for repressing artists and hampering the growth of culture. However, he does believe that copyright should exist to some extent. At the end of his essay, Letham asks readers that, ‘for a limited time,” they “respect [his] small, treasured usemonopolies” (Letham 68). In other words, Letham believes that people should respect his “monopoly on use,” or absolute control over his work, for a short period of time (Letham 64). There was only a three-year gap between the releases of “Taurus” and “Stairway to Heaven.” If Jimmy Page wanted to build off the works of another musical act for “Stairway to Heaven” without bothering to ask for permission or give accreditation, then he should have used a less contemporary example than Spirit, thereby respecting the right of artists to profit off their work in the short term. Page could have also respected Spirit’s usemonopoly by granting them a writing credit for “Stairway to Heaven” so that Randy California could have profited off Zeppelin’s usage of “Taurus.” An example where Zeppelin’s borrowing holds justification is within the sphere of blues music. Letham notes in “The Ecstasy of Influence” that blues artists have traditionally drawn upon inspiration from various sources without specific accreditation, with Muddy Waters being an example provided by Letham (Letham 60). Being a blues rock band, Led Zeppelin also contributed to this musical conservation, wherein the sharing and borrowing of musical ideas holds less stigma. The band would also sometimes directly credit the blues artists they borrowed from, such as when they gave a writing credit to blues artist Memphis Minnie for the lyrics on the band’s 1971 song “When the Levee Breaks” (Benitez-Eves).
Despite these accusations, it should also be noted that the alleged plagiarizer Jimmy Page may not have deliberately plagiarized “Taurus.” More specifically, Page’s familiarity with Spirit could have cemented itself in his unconscious, unbeknownst to the guitarist. A potential case of unconscious plagiarism is not unheard of in music. In 1974, George Harrison faced a lawsuit over his song “My Sweet Lord.” In the case, Judge Richard Owen ruled that “My Sweet Lord” took heavy inspiration from the Chiffons’ recording of “He’s So Fine.” In the ruling, Owen noted that he did not believe that Harrison “deliberately [used] the music for ‘She’s So Fine’,” and that what transpired during the creation of “My Sweet Lord” was that Harrison sought out “various possibilities,” and found a “combination of sounds that would work” (Bright Tunes Music Corp v. Harrisongs Music Ltd 180). He knew said combination would work because “his subconscious knew it already had worked in a song his conscious mind did not remember” (Bright Tunes Music Corp v. Harrisongs Music Ltd 180). During the initial infringement trial, Jimmy Page swore to have written “Stairway to Heaven” in a house within the English town of Headley (Andrews). In such an isolated environment, one’s thoughts, including their musical knowledge, would act as a great source of company. Amidst being left alone with his musical thoughts, the guitar riff of “Taurus” could have intruded in Page’s mind as a “combination of sounds” that could work for his band. Given the amount of success Led Zeppelin had experienced leading up to 1971, Jimmy Page’s conscious thoughts would have been occupied with more pressing matters than an associate from the beginning of Led Zeppelin’s career. The rock star lifestyle had no immediacy in the English countryside, thus letting these conscious thoughts of fame dissipate to make room for other memories, such as the unconscious days of Zeppelin’s early years and the bands they once played with.
Despite the high likelihood of Jimmy Page accidentally plagiarizing “Taurus,” the identity of “Stairway to Heaven” does not ground itself heavily in “Taurus,” and thus Led Zeppelin cannot be charged with a serious count of plagiarism. For starters, “Taurus” is an instrumental, while “Stairway to Heaven” is a mythology infused ballad. The success of “Stairway to Heaven” also lies within the lyrics and performance of Robert Plant on the track. Trying to write the whole song off as a rip-off merely because of its opening riff insults the creativity displayed in the rest of the song. Additionally, the length of the similar segment shared between both signs display a limited amount of infringement. The part that people claim that Led Zeppelin stole from “Taurus” starts at 0:46 and lasts until 1:13 (Spirit). Zeppelin’s allegedly plagiarized riff constitutes about the first minute of “Stairway to Heaven” (Zeppelin). The similar pieces only compose a small part of the sonic composition of both songs. With such a minor act of theft, attempts to claim “Stairway to Heaven” is a “total rip-off” of “Taurus” disregard the fact that the similarities between are too miniscule to be worth fighting over. This matter stands regardless of whether one places value on the performance of a song or the importance of respecting a monopoly on use for a limited time. The theft present in “Stairway to Heaven” is too insignificant to constitute a definitive breach of legal and moral standards of plagiarism.
Works Cited
Andrews, Travis M. “A Shattering Revelation about ‘Stairway to Heaven’.” The Washington Post, WP Company, 17 Jun. 2016.
Balganesh, Shyamkrishna, and Zhang, Taisu. “Skidmore v. Led Zeppelin.” Harvard Law Review, 10 Feb. 2021.
Benitez-Eves, Tina. “Behind the Song Lyrics: ‘When the Levee Breaks,” Led Zeppelin.” American Songwriter, 18 Jan. 2022.
Edwards, Gavin. “Led Zeppelin’s 10 Boldest Rip-Offs.” Rolling Stone, Rolling Stone, 22 Sept. 2019.
Egelko, Bob. “New Trial Ordered in Accusation Led Zeppelin Stole ‘Stairway to Heaven’ Tune.” San Francisco Chronicle, San Francisco Chronicle, 28 Sept. 2018.
“Expert Testifies Stairway to Heaven Chord Progression Used 300 Years Ago.” The Guardian, Guardian News and Media, 18 June 2016.
Lethem, Jonathan. “The Ecstasy of Influence.” Harper’s Magazine , 2 Dec. 2012.
Spirit. “Taurus” Spirit. Epic Records, 1968.
US Court of Appeals For The Ninth Circuit. Skidmore v. Led Zeppelin. 9 Mar. 2020.
United States District Court of New York. Bright Tunes Music Corp v. Harrisongs Music Ltd. 31 Aug. 1976.
Vincent, Peter. “Did Led Zeppelin Rip Off Stairway to Heaven?” The Sydney Morning Herald, The Sydney Morning Herald, 20 May 2014.
Wang, Amy X., and John Blistein. “All You Need to Know about Led Zeppelin’s ‘Stairway to Heaven’ Case.” Rolling Stone, Rolling Stone, 25 Sept. 2019.
Zeppelin, Led. “Stairway To Heaven” Led Zeppelin IV. Atlantic, 1971.
