Skidmore v. Led Zeppelin

Docket Number: 16-56057
Judge: Paez
Opinion Date: September 28, 2018

The Ninth Circuit vacated the district court’s judgment for Led Zeppelin in a copyright infringement suit alleging that Led Zeppelin copied “Stairway to Heaven” from the song “Taurus,” written by Spirit band member Randy Wolfe. The panel held that several of the district court’s jury instructions were erroneous and prejudicial. Therefore, the panel remanded for a new trial.

The panel also held that the scope of copyright protection for an unpublished work under the Copyright Act of 1909 is defined by the deposit copy, and the sound recordings of “Taurus” as performed by Spirit could not be used to prove substantial similarity. The panel also held that the district court abused its discretion by not allowing recordings of “Taurus” to be played for the purpose of demonstrating access. Finally, the district court was well within its discretion when it chose to exclude expert testimony on the basis of a conflict of interest. The panel vacated and remanded the district court’s denial of defendants’ motions for attorneys’ fees and costs. View “Skidmore v. Led Zeppelin” on Justia Law