“Stairway to Heaven” Lawsuit Sees Appeal
July 27, 2016
Lawyers will appeal an eight-member jury’s unanimous finding that, though members of Led Zeppelin may have heard “Taurus” by Spirit before writing “Stairway to Heaven,” the songs were not musically similar enough to rise to the level of copyright infringement. Attorney Francis Malofiy, representing plaintiff Michael Skidmore, plans to appeal. The prosecution was not allowed to play “Taurus” to the jury because the audio recording of the 1968 song is not covered under federal copyright law. Only songs after 1972 are covered under the law. Not being able to play the recording was an “insurmountable obstacle” to the case, co-counsel Glen Kulik told the Los Angeles Times. Unclear is how Malofiy – who is listed as the attorney of record in the appeal motion – will move forward on the case, as he was suspended in June for “serious misconduct” in another copyright case. During the Led Zeppelin trial, Molifiy raised more than 100 objections that were overruled, and was admonished by the judge several times.
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