California Verdicts

Plaintiff(s):

Michael Skidmore, as Trustee for the Randy Craig Wolfe Trust

Plaintiff Attorney(s):

Glen L. Kulik;
Kulik Gottesman Siegel & Ware LLP;
Sherman Oaks,
CA,
for
Michael Skidmore, as Trustee for the Randy Craig Wolfe Trust ■ Francis Alexander Malofiy;
Francis Alexander LLC;
Media,
PA,
for
Michael Skidmore, as Trustee for the Randy Craig Wolfe Trust ■ Alfred Joseph Fluehr;
Francis Alexander LLC;
Media,
PA,
for
Michael Skidmore, as Trustee for the Randy Craig Wolfe Trust

Plaintiff Expert(s):

Kevin Hanson; Musicology; Philadelphia,
PA called by:
Francis Alexander Malofiy ■ Alexander Stewart; Ph.D.; Forensic Musicology; Burlington,
VT called by:
Francis Alexander Malofiy

Defendant(s):

Led Zeppelin, 

John Paul Jones, 

James Patrick Page, 

Robert Anthony Plant, 

Warner Music Group Corp., 

Super Hype Publishing, Inc.

Defense Attorney(s):

Peter J. Anderson;
Law Offices of Peter J. Anderson, P.C.;
Santa Monica,
CA,
for
John Paul Jones, James Patrick Page, Robert Anthony Plant, Warner Music Group Corp., Super Hype Publishing, Inc. ■ Helene M. Freeman;
Phillips Nizer LLP;
New York,
NY,
for
John Paul Jones, James Patrick Page, Robert Anthony Plant ■ None reported;

Santa Monica,
CA,
for
Led Zeppelin

Defendant Expert(s):

Rob Mathes;
Music;
Cos Cob,
CT called by:
Peter J. Anderson, Helene M. Freeman ■ Michael Einhorn;
Economics;
Roseland,
NJ called by:
Francis Alexander Malofiy ■ Lawrence Ferrara;
Musicology;
New York,
NY called by:
Peter J. Anderson, Helene M. Freeman

In November 1971, Led Zeppelin released its untitled fourth album, Led Zeppelin IV. Plaintiff Michael Skidmore, trustee of the Randy Craig Wolfe Trust, alleged that Led Zeppelin had copied the opening of the instrumental "Taurus" for its song "Stairway to Heaven," which first appeared on Led Zeppelin IV. Michael Skidmore, acting as trustee of the Randy Craig Wolfe Trust, sued the band Led Zeppelin; the band members, James Page, Robert Plant and John Paul Jones; the publishing company, Super Hype Publishing Inc.; and the music industry, Warner Music Group Corp., which owned and was the parent company of Warner/Chappell Music Inc., Atlantic Recording Corp., and Rhino Entertainment Co. Skidmore alleged that the defendant’s actions constituted copyright infringement. The court granted summary judgment in favor of defendants Jones, Super Hype Publishing, and Warner Music (and its subsidiaries). Led Zeppelin was not a defendant at trial. Thus, the matter continued against only Page and Plant. The jury was allowed to hear only recordings that were made specifically for the trial and live performances by expert witnesses in the courtroom, and limited to the written composition of "Taurus" as deposited with the U.S. Copyright Office, which as a matter of law, under the 1909 Copyright Act, copyright-only protected the sheet music deposited with the copyright office. At trial, plaintiff’s counsel presented expert testimony by musicologist Alexander Stewart, Ph.D., and master guitarist Kevin Hanson. For the purposes of the analytic comparison, Stewart opined that the relevant part of "Stairway to Heaven" was the beginning two-minute and fourteen seconds segment, which contained all of the alleged similarities to "Taurus." (Plaintiff’s counsel did not contend that the entire song had been copied.) Hanson performed "Taurus" and "Stairway to Heaven," and agreed with Stewart’s conclusions. Defense counsel presented expert testimony from musicologist Lawrence Ferrara, Ph.D., and master guitarist Rob Mathes. Ferrara opined that "Taurus" and "Stairway to Heaven" are not substantially similar. He testified that the similarities between "Taurus" and "Stairway to Heaven" were commonplace, unprotected musical elements. He also presented numerous musical examples of prior art that used several of the alleged elements. Ferrara opined that any similarities between the two songs are insubstantial and represent commonplace musical devices. Mathes used a steel string acoustic guitar, and performed and recorded the "Taurus" sheet music that was deposited with the Copyright Office. Mathes agreed with Ferrara’s conclusions and found that the two songs are not substantially similar. Defense counsel noted that both the plaintiff’s and defense’s experts agreed that both songs contained a descending chromatic scale that was 400 years old and found in many popular songs prior to the creation of "Taurus."

The Randy Craig Wolfe Trust claimed that it was entitled to royalties going forward, and sought recovery of unspecified damages. Defense counsel noted that the plaintiff’s expert economist’s testimony related to gross revenue, including advances received for every song and every recording by Led Zeppelin, including all its members, and was not limited to "Stairway to Heaven," or even recordings containing it.

The jury rendered a defense verdict, fining there was no infringement. It found that the trust owned the "Taurus" copyright and that the defendants had access to "Taurus," but that the "Taurus" sheet music and the "Stairway to Heaven" sound recording were not extrinsically, substantially similar.

Judge:

R. Gary Klausner

Trial Length:

6
 days

Trial Deliberations:

6
 hours

Jury Composition:

4 male/ 4 female

Post Trial:

The Randy Craig Wolfe Trust intends to appeal the trial court’s decision.

This report is based on information that was provided by plaintiff’s and defense counsel.