Trial set for next month.
It is referred to as one of the greatest songs of all time and 45 years after its release, Led Zeppelin members are set to face trial following accusations that they stole the classic Stairway To Heaven from '60s rock band, Spirit.
According to Fairfax, Zeppelin lead singer Robert Plant and guitarist Jimmy Page will face a US jury trial as to whether they stole the opening chords from their hit song from Spirit's 1967 Taurus after US District Judge Gary Klausner decided the songs were similar enough for a jury to decide whether the musicians are liable for copyright infringement.
Michael Skidmore, a trustee for the late Spirit guitarist and Taurus composer Randy Wolfe (also known as Randy California), has alleged that Page may have been inspired to write Stairway To Heaven after hearing the LA outfit perform their song while the bands toured together between 1968-1969.
The defendants have since claimed that Wolfe had no copyright claim and that the song did not deserve copyright protection because the chord progressions were so cliched.
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However the judge has said that the opening two minutes of both songs are very similar and "arguably the most recognisable and important segments."
"While it is true that a descending chromatic four-chord progression is a common convention that abounds in the music industry, the similarities here transcend this core structure," Klausner wrote.
"What remains is a subjective assessment of the 'concept and feel' of two works...a task no more suitable for a judge than for a jury."
While the trustee will only be awarded 50% of damages if they are successful in the trial, a lawyer for Skidmore, Francis Malofiy, said the case was simply about principle.
"This case, from our perspective, has always been about giving credit where credit was due, and now we get to right that wrong," Malofiy said.
The trial is set for 10 May.