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Title: Did Led Zeppelin Plagiarize 'Stairway'? Pennsylvania Judge Will Decide
Source:
NPR
URL Source: http://www.npr.org/2014/10/26/35890 ... irway-a-penn-judge-will-decide
Published: Oct 28, 2014
Author: Staff
Post Date: 2015-01-28 08:03:08 by Deckard
Keywords: None
Views: 2326
Comments: 7
Everyone who knows rock 'n' roll knows the opening riff to Led Zeppelin's 1971 hit "Stairway to Heaven." Play it side-by-side with the 1968 song "Taurus" by the band Spirit, and they sound almost the same. The songs were released more than four decades ago, but just this week, a judge in Pennsylvania allowed a lawsuit about the issue to move forward. "Taurus" was written by Randy California, the founding member of the band Spirit. He died in 1997, but his heirs want compensation for plagiarism and a songwriting credit. They filed suit against the members of Led Zeppelin and their music publishers. "The judge will basically hear both songs, both sides will bring forth musicologists, and they'll debate whether the songs are really similar," Eriq Gardner of The Hollywood Reporter tells NPR's Arun Rath. Gardner says in this case, the judge could have no musical knowledge whatsoever. "That adds the wild-card factor to this," he says. "No one knows what a judge in Pennsylvania is going to say. I mean, [in] Pennsylvania, there's very few cases that have examined copyright infringement in songcraft." The plaintiff's lawsuit emphasized having a Pennsylvania judge oversee this case. Gardner says he's not certain why, but it may have something to do with the lawyer. "The only thing that I can really think of is that the lawyer for the plaintiff is based in Pennsylvania," Gardner says. "If the plaintiffs wanted to have a tactical advantage, they probably would've sued in Nashville — the songwriter capital of the world," Gardner says. "And if they wanted this to be convenient for the parties, they would've sued in California, where a lot of the plaintiffs and witnesses are, as well as a lot of the music defendants." Rock aficionados will tell you that Led Zeppelin stealing "Stairway to Heaven" is old news. After all, it's been 43 years since the band released the song. "[Randy California's] heirs start thinking that they may have a claim," Gardner says. "A lot of rock historians have suspected at least the opening notes to 'Stairway to Heaven' were lifted from the song 'Taurus,' and a lawyer comes forward, willing to work on contingency, and voila: a lawsuit." This isn't the first time Led Zeppelin has been accused of plagiarism. Just listen to the band's recording of "Dazed and Confused" and compare it with folk singer Jake Holmes' "Dazed and Confused," recorded two years earlier. It's practically the same song. Holmes filed a copyright infringement lawsuit against Led Zeppelin in 2010. "This sort of thing happens a lot in music," Gardner says. "There's only so many notes in the music vocabulary." But sometimes, he notes, the similarities are just unmistakable.
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#1. To: Deckard (#0)
(Edited)
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. California: Well, if you listen to the two songs, you can make your own judgment. It’s an exact… I’d 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?” It’s kind of a sore point with me. Maybe some day their conscience will make them do something about it. I don’t know. There are funny business dealings between record companies, managers, publishers, and artists. But when artists do it to other artists, there’s no excuse for that. I’m mad! [laughs] Listener: Well, take comfort in the fact that you’re the true author of one of the most instantly recognizable guitar riffs in rock history. California: Yeah, right… Not surprising at all in an industry that's notorious for eating its own drug-addled entrails and then sticking the talent with the tab for the meal.
Well that sucks... I bet he's probably tone deaf, too. If it was a jury trial, my verdict would be "guilty as charged." Trouble is, the lawyers would boot me out of jury selection as soon as I told 'em I liked Sardonicus.
"Some people march to a different drummer — and some people polka."
Not liable or culpable. We the jury of rock and roll peers find the defendants Robert Plant and James Page not liable in this civil action.
What's next? Some toothless bearded Imam or Shaman claiming Kashmir was stolen from his mosque or Souk?
I've heard them, and I say there's no evidence of plagiarism. One must take into account the similar style of music that is popular at any given time, and this in an age before electronic keyboard instruments gave a variety of sounds, and music was largely restricted to acoustic instruments. Chord progressions cannot be copyrighted. And the only part they can claim is similar is the first few seconds of the tune. Men at Work got screwed over as well on their top song. There really should be a statute of limitations for this kind of suit.
After hearing them both I'd say that there is some similarity but not to the level of plagiarism, unlike the Tom Petty/Sam Smith songs.
I'm familiar with the TP tune, and also heard the Sam Smith tune, but the latter has never reminded me of the former. I'd say that kind of recognition has to exist for any suit to be even considered. I'm sure the similarity stood out to some but what % of people would recognize it? The western music scale only has 8 notes in it, the full scale, counting flats and sharps has 13, so there is a limit to the number of melodies that can be made with 10 different notes, and the vast majority of them would be hardly be called music. In this age of computerized music, opening virtual floodgates of tunes from everyone who has a PC instead of only dedicated bands like in the 70's and earlier, there's is bound to be more and more musical similarities as time goes by without it being plagiarism. What do you call it when 2 people come up with similar tunes completely independently? It's not plagiarism. With more and more music in the world, it also becomes harder and harder for music artists to know if what they create might be subconsciously lifted from a similar tune they liked when a child but since consciously forgot, so it would be unintended plagiarism.
turnmeondeadman.com/led-z...arism-stairway-to-heaven/
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#2. To: Deckard, *Music* (#0)
Gardner says in this case, the judge could have no musical knowledge whatsoever.
#3. To: Deckard (#0)
#4. To: Deckard (#0)
#5. To: Deckard (#0)
#6. To: Pinguinite (#5)
I've heard them, and I say there's no evidence of plagiarism.
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts
#7. To: Deckard (#6)
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