The English rock band Led Zeppelin is being sued by the founding bassist of Spirit, Mark Andes, who claims Stairway to Heaven rips off the opening riff of his band’s song Taurus.
A re-release of Led Zeppelin’s fourth album, containing Stairway to Heaven, is approaching and Andes is, because of the implied copyright infringement, seeking an injunction to stop this re-release as he wants Randy California, who wrote Taurus, to get co-writing credit on Stairway to Heaven.
This is not the first time Led Zeppelin is accused of stealing other artists work. The band has in numerous occasions, due to lawsuits, been forced to give co-writing credits on their songs.
For there to be an infringement, Led Zeppelin must have had access to the source material. The two bands have attended several festivals together and Taurus was released the same year Led Zeppelin’s first concert took place. This makes it likely Led Zeppelin had heard Taurus before the release of Stairway to heaven in 1971, if the copying was intentional or not does not matter in copyright infringement cases. The songs must also be virtually identical.
As a defence, Led Zeppelin might be able to use the equitable doctrine of laches (baring both legal and equitable claims), which provides a defence to claims which have not been pursued due to an unreasonable delay by the plaintiff, prejudicing the defendant. It is nevertheless unsure how applicable this doctrine is regarding copyright legal claims. Led Zeppelin may be able to utilise laches to bar the equitable injunction against the re-release, however they might not be able to use the doctrine as a defence to any claims of actual damages or profits arising out of the alleged copyright infringement.
This article was written by Malin Persson who is on work experience and is currently studying at Southampton Solent University. If you have any questions concerning this article please contact Michael Coyle at info@lawdit.co.uk
