Randy Craig Wolfe Trust v. Led Zeppelin - Prosecution

OVERVIEW

Lawsuit filed on May 31, 2014 in US District Court Eastern District of Pennsylvania brought by the estate of the late Randy California against Led Zeppelin and their record label, Warner Music Group. The copyright infringement alleges that Stairway to Heaven (1971) was taken from the single Taurus (1968) by the band Spirit. The estate is seeking court ordered damages and writing credit for California.

Spirit: Founded in 1967 and based in LA California. Members: Randy California (guitar, vocals), Mark Andes (bass), Jay Ferguson (percussion, vocals), Ed Cassidy (drums), John Locke (keyboard). The bands debut album, Spirit, was released in 1968 under the production company Ode Records. It included the song Taurus, written by Randy California. The band went on a tour with Led Zeppelin as a support band in 1968. Led Zeppelin was heavily influenced by them and played a medley of Spirit songs in their 1969 tours.

Spirit/Vanilla Fudge/Zeppelin Concert 1968: This concert was Zeppelins North American debut. They were the first group to appear on a three-band bill. They were an instant hit.

Led Zeppelins history of copyright infringement:2010-Sued by Jake Holmes for Dazed and Confused (1969) : http://www.theguardian.com/music/2010/jun/30/led-zeppelin-sued-dazed-and-confusedhttp://artsbeat.blogs.nytimes.com/2010/06/30/bad-times-worse-times-led-zeppelin-sued-for-copyright-infringement/?_r=0 1985- Sued for Whole Lotta Love by Willie Dixon

Witnesses

Jay Ferguson: former lead singer and percussionist for Spirit Fact Sheet - Born 1947, age 68 in Burbank California, grew up taking piano lessons but became interested in folk music and formed a bluegrass group at 16, then became interested in rock and roll after the British Invasion and joined two garage bands, Western Union and The Red Roosters. At UCLA, he still worked as a musician and met Randy California, and Spirit was formed in 1967. In the debut album, Spirit, most of the songs were written by Ferguson, but California wrote Taurus. In the following years, Ferguson and California both were songwriters for Spirit, and they went on tour with Led Zeppelin who was the supporting act in 1968. On the tour, Led Zeppelin covered several Spirit songs and Jimmy Page was heavily influenced by several Spirit techniques, such as using a theremin with an amplifier. Testimony - I was born in 1947 in southern California, and grew up taking piano lessons. That got a little boring however, and as a teenager I got into folk music and formed a bluegrass group. Then, the Beatles came. I was hooked on rock and roll, so I joined and formed local garage bands like Western Union and The Red Roosters, writing songs, playing them, recording them. Even after high school, when I was in UCLA, I worked as a musician, and by then, I been acquainted with a network of talented musicians in California. One particular musician was Randy California. This kid was four years younger than me and he already seemed like a legend. He even told me about how Jimi Hendrix, then Jimmy James, offered to take him to England to form a group. He was only 15 though, so he stayed right in California and I met him at a folk music camp. He also met Mark Andes, our bassist, and before you know it, we got Randys stepfather Ed Cassidy in and a guy named John Locke, and Spirit was formed. I wrote all the songs on our debut album, Spirit, but Randy wrote the really soft instrumental called Taurus. It was a masterpiece. It was so good we just had to put it on the album. When we went on tour with Led Zeppelin they were still pretty small, but they covered us and learned from us and Jimmy Page even started using a theremin after we used it. They heard us play Taurus so many times, and they saw us and Randy writing and coming up with new riffs. At the end of the day, my friend Randy is the songwriter of Taurus and deserves to be credited for Stairway to Heaven. If it werent for him, Led Zeppelin might not even be the legends they are today. Its time for Randys talent to be recognized.

Questions for Jay Ferguson1. What was your role in Spirit?I was a vocalist and percussionist, as well as the lead songwriter. Randy California also wrote songs for Spirit though.2. How many tracks did Randy California write?For the debut album, just one. The instrumental Taurus3. Were you on the 1968 tour with Led Zeppelin after the first album?Yes they were our supporting act4. Did you play each others songs? Led Zeppelin covered our songs many times, including Taurus and Fresh Garbage5. How well acquainted were with each others music by the end of the tour?Very well acquainted, we learned each others styles and songs and witnessed each others musical techniques from being in such close proximity.6. When you were touring did you play the song Taurus often?Yes, we played it at every show.7. What was your reaction to first hearing Stairway to heaven?I honestly thought I was listening to Taurus, and it surprised me so much that I didnt even realize it was a different song until the singing came in.8. Do you think the song was ripped off?Most definitely. Everything was exactly the same, the riff, the melody, the rhythm, theres just no way Jimmy Page couldve written Stairway to Heaven without remembering Taurus.9. What was Randys reaction to Stairway to Heaven?He knew that it was Taurus, he knew that it was his song. The rest of us thought Randy would be upset about it, but for some time he really put faith in Led Zeppelin and honestly thought that they would come forward, at some point, to give him the credit he deserved. 10. Did Randy think the song was ripped off as well? He knew the song was ripped off.

Michael Skidmore (Trustee): Trustee for the Randy Craig Wolfe TrustAge: 60Massachusetts Resident Trust created by Randys mother, Bernice C. Pearl, after Randys death. After her death, Michael Skidmore assumed responsibility of Trust. Trust is used to fund musical programs for children and purchase musical instruments for children in need. Money has also been alluded to Randys son; his son nearly died in the accident where his father saved him Trust owns all intellectual rights of Randy Craig Randy was always bothered by this whole situation. He wrote the song, it was his work, but here was this group of musicians, who Randy had considered friends and who toured with his band Spirit for a number of shows, and they were making a ton of money off his work. They never reached out to him to even do so much as ask if he would mind. He always thought they would. That was how Randy was, he looked for the good in other people. He died waiting for them to do the right thing. He saved his son from a rip current in 1997, but lost his own life in the process. After his death, his mother Bernice C. Pearl made the Randy Craig Wolfe Trust to continue promoting music the way Randy always wanted. The trust helps fund music programs for kids in public schools. Were able to also buy and purchase some instruments, which are normally beyond the price ranges of many, for special needs children, so they get a chance to follow their musical dreams. This is a great way to carry out Randys legacy. But the specifics of the trust arent the focus here; our goal in this case is to reclaim what was stolen from Randy 40 years ago, what is rightfully his.

Michael Skidmore Questions1. Can you describe Randy California?

2. Why are you sueing now instead of while Randy was alive?

3. You are representing the Randy Craig Wolfe Trust; why was this trust created?

4. Can you explain exactly what the Trust does?

Rick Applin Fact Sheet (Music Theory and Composition Expert)Name: Rick Applin, Practicing Professor at Berklee College of Music Age: 48, Born 1967Teaches composition at the Berklee College of Music.Rick Applin has years of teaching experience in music theory and composition, and he has also taught music composition at Boston University. Rick has had his compositions performed by many national and regional ensembles. Lastly, he is also the author of the workbook Tonal Counterpoint, an educational book on traditional music theory and counterpoint. All this past experience gives him more than enough credentials to be able to analyze and compare different pieces of music effectively.

Willie Dixons Lawyer (Fact Sheet):Name: Louise Klaine, retired attorneyAge: 65, born 1950 Attended Stanford Law School, with a JD Certificate (Doctorate) in Intellectual Property and a degree in Copyright Law Attorney to blues musician Willie Dixon in 1985 lawsuit with Led Zeppelin Dixon contacted Klaine after discovering his label had successfully sued Led Zeppelin for copyright infringement of Dixons song Bring It On Home, but cut Dixon out of the dealDixons daughter played Led Zeppelins 1968 Whole Lotta Love and he noticed significant similarities to his 1962 You Need Love Lyrics were startlingly similarLed Zeppelin was also influenced by band The Small Faces, whose song You Need Loving also borrows lyrics from Dixon without giving credit; however The Small Faces never got much commercial success from this song so a suit against them wouldnt be useful. Klaine negotiated an out of court settlement which alluded a sum of money from the royalties and officially lists Willie Dixon as having contributed to writing Whole Lotta Love Robert Plant, vocalist and lyricist of Led Zeppelin, was a fan of blues musicians and was often influenced by their style Notes on Willie Dixon Case: Blues musician Willie Dixon wrote You Need Love in 1962; song was recorded and performed by Muddy WatersLed Zeppelin recorded Whole Lotta Love in 1969Whole Lotta Love borrowed lyrics from Dixons original song without giving credit or receiving permission Dixon sued Led Zeppelin over the stolen lyrics of You Need Love in 1985 and won an out of court settlementDixons 13 year old daughter, Shirley, heard Whole Lotta Love after her friend played the record for her; she played it for Dixon and he recognized his lyrics. Lycrist and friend Bernie Taupin said, He suffered heavily (from not being compensated), and I think it's a great credit to him that he wanted to make sure it didn't happen to other people.Previously, Dixons label, Arc Music, sued Led Zeppelin over their song from Led Zeppelin II Bring It On Home, claiming copyright infringement of Dixons song of the same name Arc Music won out of court settlement, of which Dixon saw very little of, sparking him to sue over You Need Love a few years laterRobert Plant, vocalist and lyricist of Led Zeppelin, was a fan of blues musicians and was often influenced by their style Questions For Klaine (Willie Dixons Lawyer): 1. Name and Professiona. Louise Frances Klaine, attorney at law 2. Where and in what did you receive your law degree? a. I attended Stanford Law school in 3. Did you serve as an attorney for blues musician Willie Dixon during his 1985 lawsuit against Led Zeppelin? 4. Can you tell us about that case? (answer references lyrics)Lawyers introduces Evidence B 5. How did this case conclude? Mark Andes: Born in 1948, he is 67 years old. Ex-drummer for Spirit. He played in many bands throughout his music career and had several number one singles and albums. Was with Spirit when they released their first album, Spirit in 1968. The album was a hit. They released several hit albums and singles.Fact Sheet: Mark Andes has been playing music since high school. He was in the band Red Roosters before joining Spirit. He recorded multiple albums and singles and toured with Spirit while they played with Led Zeppelin. In 1971 he left Spirit and formed another band with Jay Ferguson called Joe Joe Gun. He played bass for this and several other bands including Heart, Firefall and Mirabal. He is a professional bass player and musician.

I was the bass player in the Red Roosters with Randy California and Jay Ferguson before we recruited Ed Cassidy and John Locke and formed Spirit. Ferguson wrote most of our songs, but Taurus was written by California. I remember when he wrote that song, man was it good. So we put in on our first album, Spirit. We didnt really have huge mainstream success with that album but we gained a lot of popularity in the underground scene. We toured with Led Zeppelin in 1968. Since we were on tour together they were around us a lot, so they picked up some techniques and became familiar with our songs. Pages actually started using a theremin after he saw California using one on tour. So they definitely had some inspiration from us. When I heard their song Stairway to Heaven, I immediately recognized Californias riff. But me and Ferguson had already left the band at that point, so we figured it was up to Randy to sue for copyright infringement. I dont know why he didnt sue right away. Maybe he was hoping Page would offer to pay or give partial credit or something. After Randy died saving his son from a rip current in 1997, we decided it was time he got the compensation and recognition he deserved for that song. Marc Questions: 1. When did you start playing music?2. When did you join Spirit? 3. What was your role in Spirit?4. What do you remember about the day that Randy California wrote Taurus ?5. During your 1968 tour were you joined by any other groups? 6. Did they ever cover your songs or borrow ideas from you on the tour?7. How often did you play the song Taurus?8. For how long were you in the band after the tour with Led Zeppelin? 9. What was your first reaction to hearing Stairway to Heaven?10. Why dont you think Randy sued?

Jeff Mclaughlin-Writer

Mclaughlin was a writer for Listener Magazine.Conducted an interview with Randy California in 1996, shortly before California died from an accident in Hawaii. In the interview, Mclaughlin questions California on his opinion of Led Zeppelin ripping off Spirits song Taurus.

Spirits Still Willing: A Conversation with Randy California, Listener Magazine, Winter 1997, p. 51.

Listener: Speaking of Led Zeppelin, the guitar introduction to your 1967 composition, "TAURUS" is a dead ringer for Zeppelin's introduction to "STAIRWAY TO HEAVEN" released in 1971. Did they ever acknowledge their artistic debt to you? They must of known--"TAURUS" having performed as your warmup band.Well, if you listen to the two songs, you can make your own judgment. Its an exact Id say it was a rip-off. And the guys made millions of bucks on it and never said, Thank you, never said, Can we pay you some money for it? Its kind of a sore point with me. Maybe some day their conscience will make them do something about it. I dont know. There are funny business dealings between record companies, managers, publishers, and artists. But when artists do it to other artists, theres no excuse for that. Im mad! -Randy California

Questions for Jeff: 1. What year did you interview Randy California?2. What was your initial impression of him?3. When the topic of Led Zeppelin was mentioned, what did California say?4. Was it clear that California felt like his music had been ripped off by Led Zeppelin?

Answers from Jeff:1. 1996, one of his last interviews before he died.2. He was a genuine guy, very passionate about his music and recalled experiences with Jimi Hendrix, Led Zeppelin, and touring music on radio. His talent began at a young age and carried him through his life. His band Spirit had a reputation for its innovative fusion of varied musical styles. He was a pleasure to talk to. 3. California had just mentioned that Led Zepplin had opened for Spirit, and I continued the conversation by asking (direct quote) Speaking of Led Zeppelin, the guitar introduction to your 1967 composition, "Taurus" is a dead ringer for Zeppelin's introduction to "Stairway to Heaven" released in 1971. Did they ever acknowledge their artistic debt to you? They must of known--"Taurus" having performed as your warmup band. California responded saying (direct quote), Well, if you listen to the two songs, you can make your own judgment. Its an exact Id say it was a rip-off. And the guys made millions of bucks on it and never said, Thank you, never said, Can we pay you some money for it? Its kind of a sore point with me. Maybe some day their conscience will make them do something about it. I dont know. There are funny business dealings between record companies, managers, publishers, and artists. But when artists do it to other artists, theres no excuse for that. Im mad! 4. Yes, it was very clear. His tone of voice was frustrated and annoyed. I could tell that he felt his work deserved recognition.

Brad Tolinski-Writer

Brad Tolinski interviewed Jimmy Page in 1993 on the topic of copying music. He asked Page, When you were borrowing from classic blues songs on the first two albums, did you ever think it would catch up to you?

Brad Tolinski with Greg DiBenedetto, Page Delves into Led Zeppelins Rich Past, Guitar World (May 1993).

You mean getting sued? Well, as far as my end of it goes, I always tried to bring something fresh to anything that I used. I always made sure to come up with some variation. In fact, I think in most cases, you would never know what the original source could be. Maybe not in every case but in most cases. So most of the comparisons rest on the lyrics. And Robert was supposed to change the lyrics, and he didnt always do that which is what brought on most of the grief. They couldnt get us on the guitar parts of the music, but they nailed us on the lyrics. We did, however, take some liberties, I must say [laughs]. But never mind; we did try to do the right thing, it blew up in our faces-Jimmy Page

Questions for Brad:1. When did you interview Jimmy Page?2. What key statements did he make regarding getting sued or incorporating other musicians songs into their own music?3. As the interviewer, how did you interpret the meaning of Page saying he used other original music sources as his own?4. Are there any other artists besides Spirit that they may have copied from?Answers from Brad:1. May 19932. He said that he (direct quote) Well, as far as my end of it goes, I always tried to bring something fresh to anything that I used. I always made sure to come up with some variation. In fact, I think in most cases, you would never know what the original source could be. Maybe not in every case but in most cases. So most of the comparisons rest on the lyrics. And Robert was supposed to change the lyrics, and he didnt always do that which is what brought on most of the grief. They couldnt get us on the guitar parts of the music, but they nailed us on the lyrics. We did, however, take some liberties, I must say [laughs]. But never mind; we did try to do the right thing, it blew up in our faces3. He joked lightly about it, but as I interviewed him, I felt like it was more serious than he showed. He clearly stated that you would never know what the original source could be, referencing that he assumed no one would ever find the original source that Led Zeppelin copied. 4. Yes, (read list)

Audience Member Description: Bonnie Charlene, age 64. Born August 23, 1951Age 17 at the Spirit/Zeppelin/Vanilla Fudge concert on December 26th, 1968 in Denver, Colorado. I lived in CO until college. I went to University of Washington in Seattle and on August 20th, 1971 my boyfriend bought tickets to the Led Zeppelin concert as an early birthday gift. My birthday is the 23rd. Age 19 at Led Zeppelin concert in Seattle, Washington on August 20th, 1971.

My name is Bonnie Charlene. I was born in 1951 on August 23rd. I am 64 years old. I grew up in Denver, Colorado, with three older sisters. I attended the University Washington in Seattle, and then continued on to get my doctorate at Stanford. I now live back in Denver with my husband Jim Rickford. We met freshman year of college in Seattle and fell in love a couple months later. We have two children and five of the cutest grandchildren. My family is a very important part of my life.I first heard of Spirit when their album Spirit came out in 1968 and liked their sound. Two of my friends and I bought tickets for their tour in 1968 because we thought it would be a really fun experience and I had never gone to a concert before. I hadnt ever listened to Vanilla fudge. We had heard that a third group was joining the tour but we never heard of them. When we arrived at the concert it was already very crowded. It was at the Denver Auditorium Arena and was indoors but it could fit a lot of people. Our seats werent very close to the stage but I could hear and see well enough. This band Led Zeppelin was the first to perform and the feeling in the auditorium was kind of iffy. No one had ever heard of this band so we didnt know how good they would be. Once they started playing however the crowd went crazy. Everyone was dancing and having a great time. The crowd was still going even after they were done playing. I have to say, it must have been pretty hard for Spirit to go on after that amazing performance but they still did an awesome job. They did play their song Taurus, I remember that because I had never heard it before and I really really liked it so I made sure to remember it. They lived up to my expectations. It was the best first concert I had ever been to.In the months to come I started hearing Led Zeppelin all over the radio. That tour really gave them the boost that they needed to get themselves on the map. It was cool to see such a great band grow from just an opener at a concert.After junior year, my boyfriend, Jim bought two tickets to the Led Zeppelin concert in Seattle because he knew that Id grow to be a big fan of them. It was an early birthday present as the concert was August 20th. This concert was huge. It was at the KeyArena at Seattle Center and it was packed with people. There was so much energy in the air I knew it was going to be a great time. They came out and played their set list and started playing Stairway to Heaven. I thought sounded really familiar at first, it sounded like Taurus by Spirit and I thought, oh thats cool they might do a cover or something but as they kept playing they started singing and it seemed like they mustve just written their own song around it. It was a good song but I couldve sworn it was Taurus at the beginning, which seemed very odd to me.Questions for Bonnie: 1.What is your name?2.How old are you? 3.What were you doing on December 26th, 1968?4.WHat songs did Spirit play? 5.You familiarized yourself with this song afterwards? Listened to it a lot because you liked it? 6.Did you arrive early enough to see the opening act?7.Did you ever see Led Zeppelin in concert anytime after December of 1968? 8.What songs did they play? 9.Did anything sound familiar to you in stairway to heaven?

Answers for Bonnie:1. Bonnie Charlene2. 643. I was at a concert for Spirit, Vanilla Fudge and Led Zeppelin in Denver Colorado.4. Yes they did5. Yes, I had never heard that one before and once i did at their concert, i really liked it.6. Yes i did.7. yes, I went to their concert on August 20th, 1971 for my 20th birthday.8. Uhm, they played many songs from their album, Dazed and Confused, Whole Lotta Love, Heartbreaker, Stairway to Heaven. thats what i can remember.9. Yes, very much so that at first in the beginning i thought i recognized the song and realized i was thinking of Taurus. by Spirit. And i thought, oh they must be covering it or something but they kept playing and i realized that they had seemed to make their own song with that same tune. I couldve sworn it was Taurus at the beginning.

Name: Erin M. JacobsonAge: 41, born 1974Education: graduated cum laude from USC, holds a Juris Doctor from Southwestern Law School in Copyright LawProfession: nicknamed The Music Industry Lawyer, deals with copyright registration and termination, assignment of copyright, recording agreements and more

Erin M. Jacobson has years of experience dealing with copyright infringement and music laws. She has extensive experience in the music business and handles everything from music and entertainment contracts to copyright laws to management agreements.

The arrangement of a song can also be protected by copyright. A chord progression does not constitute an arrangement, and a chord progression alone cannot be protected by copyright. But the chord progression, harmonies, accompaniment rhythm, and musical fill phrases are together a creative work which define the style and feel of a song. Anyone can create and copyright an arrangement of any music in the public domain. So even though music and lyrics may be in the public domain, there frequently are numerous arrangements of any public domain work under copyright protection. -Public Domain Information Project

When a musical work is first written down in a tangible form, the original is created. Changes to the original create a new work which is called a derivative work. The author of a work has exclusive rights not only to his original work, but also exclusive rights to make derivative works from the original. But anyone can create and copyright a derivative work from anything in the public domain. Therefore, a composition may have numerous derivative works protected by copyright even if the is original is the the public domain. We will leave it to the attorneys to differentiate between "arrangement" and "derivative work". What you must know is that both are protected by copyright law. -Public Domain Information Project

Questions for Erin Jacobson

-Please introduce yourself.

-What is a derivative work and could Stairway to Heaven be considered one?

-How similar does a song have to be to another song for it to be considered a copyright infringement?

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LEGAL ARGUMENTS

Attorney Opening Statement:

Your honor, ladies and gentlemen of the jury, opposing counsel, my name is Francis Maolfiy, representing the estate of the late Randy California in this actionThis is a case about musical wrongdoing. This is a case about stolen property. This is a case about lying, cheating, stealing, rinsing, and repeating led zeppelin style. In the summer of 1967, Randy Craig Wolfe, also known Randy California, was a founding member of the rock band Spirit. In January 1968 Spirit released a self-titled album. On that album was a unique 2 minute and 37 second song titled Taurus which had a distinct guitar line and melody. When you hear this piece today, you will recognize it as one of the most famous guitar works in the history of music. Unfortunately, you will associate this piece with Led Zeppelin when in fact this music was created and first performed by randy california and spirit. And that is the injustice that you are asked to address today. a musical masterpiece was created by spirit, but was then stolen by Led Zeppelin without any attribution whatsoever. How did this happen?Late in 1968, a then new band named Led Zeppelin began touring in the United States, and performed as the opening act to Spirit. It was during this time that Jimmy Page, Led Zeppelins lead guitarist, grew familiar with Spirits catalog, especially with Taurus. Within days after opening for Spirit, Led Zeppelin quickly began to cover Spirits song. Zepplin even incorporated the song Fresh Garbage from Spirits self-titled album into their own live sets. Fresh Garbage was on the same album as Taurus. A year after touring with Spirit, Page allegedly wrote the most famous rock song of all timeStairway to Heaven. The song was released in 1971. Lying, cheating, and stealing- check! It is no coincidence that the iconic notes to Stairway to Heaven, that have enthralled generations of fans, sound almost exactly the same as Californias classical guitar composition in Taurus. Led Zeppelin stole a significant part of Taurus and used the same riffs in Stairway to Heaven. Led Zeppelin not only committed a musical wrongdoing, but also blatantly stole the property of Spirit. The evidence presented today will show that in fact this is not the first time that Led Zepplin has borrowed songs from other artists. And so the wrongdoing continues, rinsing and repeating. In addition, the evidence will prove that the compositions of stairway to heaven and taurus do indeed share very similar guitar lines. We have come here today to prove that what Led Zeppelin did to Spirit is a musical wrongdoing, and justice needs to be served.Following my opening statement, you will hear from the defendant. You may feel sympathetic towards the defendant, because you are familiar with their music and their prestige in the music industry. That is exactly what the defense wants. The defense wants you to hear their story and feel sympathetic towards them, because the defense wants you to think that their musical wrongdoing is justified. Led Zeppelin stole a song. It doesn't matter why they stole the song, or how good the song is. It matters that they stole the song. As members of the jury, its your job to make sure that they pay for this musical wrongdoing. Its your job to be blind, like justice, because that is the only way we can be sure justice will be served.

http://trialtheater.com/general-trial-strategies/how-to-deveop-powerful-case-themes/

http://mcir.usc.edu/inplay/Documents/skidmorecomplaint.pdf

http://www.forbes.com/sites/oliverherzfeld/2014/05/21/spirit-v-led-zeppelin-analysis-of-the-stairway-to-heaven-infringement-lawsuit/

http://www.wikihow.com/Write-an-Opening-Statement

http://www.ettc.net/tah/lessonPlans/papers/TRIALPROCEDUREHANDOUT.pdf

Copyright LawCopyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression musical works, including any accompanying words (Architectural Works Copyright Protection Act) http://www.copyright.gov/title17/92chap1.html#102

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market for or value of the copyrighted work (The Visual Artists Rights Act of 1990) http://www.copyright.gov/title17/92chap1.html#1-40

Stairway Success Stairway To Heaven is the biggest selling piece of sheet music in rock history. It sells about 15,000 copies every year. In total, over one million copies have been sold. The song has been broadcast on radio over three million times (http://www.abc.net.au/triplej/music_specials/s1402502.htm)

Placed in the Grammy Hall of Fame. (http://www.grammy.org/recording-academy/awards/hall-of-fame)

Ranked 31 in the Greatest Songs of all time by Rolling Stone. http://www.rollingstone.com/music/lists/the-500-greatest-songs-of-all-time-20110407/the-rolling-stones-sympathy-for-the-devil-20110525

Evidence: Prosecution Evidence A Sheet Music Comparison Between Taurus and Stairway to Heaven

Evidence B Lyrics from Whole Lotta Love (Led Zeppelin, 1968) and Lyrics from You Need Love (Willie Dixon, 1962)First Verse of You Need Loveby Willie Dixon

I aint foolinYou need schoolinBaby, you know you need coolinWoman, way down insideWoman, you need loveFirst Verse of Whole Lotta Loveby Led Zeppelin

You need coolinBaby, Im not foolinIm gonna send youBack to schoolinWay down insideHoney, you need itIm gonna give you my love

Evidence C CD with both Stairway to Heaven, and Taurus overlapped Evidence D List of Led Zeppelin songs that infringe of the copyright of other musicians Evidence E Quote from Randy CaliforniaWell, if you listen to the two songs, you can make your own judgment. Its an exact Id say it was a rip-off. And the guys made millions of bucks on it and never said, Thank you, never said, Can we pay you some money for it? Its kind of a sore point with me. Maybe some day their conscience will make them do something about it. I dont know. There are funny business dealings between record companies, managers, publishers, and artists. But when artists do it to other artists, theres no excuse for that. Im mad! Evidence F Quote from Jimmy PageYou mean getting sued? Well, as far as my end of it goes, I always tried to bring something fresh to anything that I used. I always made sure to come up with some variation. In fact, I think in most cases, you would never know what the original source could be. Maybe not in every case but in most cases. So most of the comparisons rest on the lyrics. And Robert was supposed to change the lyrics, and he didnt always do that which is what brought on most of the grief. They couldnt get us on the guitar parts of the music, but they nailed us on the lyrics. We did, however, take some liberties, I must say [laughs]. But never mind; we did try to do the right thing, it blew up in our faces

Evidence A Usage

Evidence B UsageBring up when questioning Louise Klaine, lawyer for Willie Dixon during his 1985 lawsuit against Led Zeppelin over song lyric similarities. Proves Led Zeppelin has repeatedly borrowed from other artists without giving proper credit.

Evidence C UsageWe should either play overlapped songs or separate songs for jury and or Audience member (Lily) to let them hear it for themselves.

Evidence D Usage

Evidence E UsageTo show that before he died, Randy California felt like Led Zeppelin had copied their music. Brought up when questioning Jeff Mclaughlin.Evidence F UsageTo show that Jimmy Page has admitted to borrowing music from other bands and people. Brought up when questioning Brad Tolinski.

Portions of Title 17 of the United States CodeSection 101:A derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a derivative work.The term financial gain includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works.Section 102:Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:(1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.Section 103:(a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.(b) The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.Section 107:In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market for or value of the copyrighted work.The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

-Please introduce yourself.My name is Erin M. Jacobson. I graduated from University of Southern California and Southwestern Law School. Im a music industry lawyer, so I have extensive knowledge about music copyright laws. -What is a derivative work and could Stairway to Heaven be considered one?According to section 101 of Title 17 of the United States Code, which deals entirely with copyright, a derivative work is a work based upon one or more preexisting works, such as a musical arrangement. A work consisting of annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship is a derivative work.Stairway to Heaven is most definitely a derivative work. Jimmy Page himself said that he always tried to bring something fresh to anything he used and came up with variations of preexisting songs so that it was nearly impossible to identify what song his songs came from. When you consider just how similar Taurus and Stairway to Heaven are, its clear that Page is referring to Stairway to Heaven as one of the many songs he created a slight variation to and then proceeded to take all the credit. And according to the Public Domain Information Project, The author of a work has exclusive rights not only to his original work, but also exclusive rights to make derivative works from the original.

-How similar does a song have to be to another song for it to be considered a copyright infringement?I fully recognize that a chord progression alone cannot be protected by copyright, because it does not constitute an arrangement. However, a chord progression, along with harmonies and accompaniment rhythm, are together a creative work which define the style and feel of a song. The one particularly notable riff in Taurus and the one in Stairway to Heaven have similar chord progressions. The rhythm of the riff is identical in both, and, while played with different instruments, the two have nearly the same harmony. And to the ears of ordinary members of the listening audience, like Bonnie Charlene, the works are substantially similar to constitute copyright infringement.