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Jury to rule if ‘Stairway to Heaven’ riff original

Late musician’s estate claims his work was ripped off

By Associated Press
Published: June 14, 2016, 8:21pm

LOS ANGELES — The opening to Led Zeppelin’s “Stairway to Heaven,” one of rock ‘n’ roll’s best-known ballads, was played for jurors Tuesday in a case brought by the estate of a dead musician that claims it was stolen by the men credited with creating it.

A lawyer for the estate trustee of the late Randy Wolfe, also known as Randy California, claimed the British rockers lifted the passage from the instrumental tune “Taurus,” recorded by his band Spirit, and infringed on the songwriter’s copyright.

“This was a song that Randy California had written for the love of his life, Robin. That was her sign, Taurus,” said attorney Francis Malofiy. “Little did anyone know it would fall into the hands of Jimmy Page and become the intro to ‘Stairway to Heaven.’ ”

An attorney for guitarist Page and singer Robert Plant told the eight-person jury during opening statements in Los Angeles federal court that the chord progression in Wolfe’s song is common and found in songs dating to the 1600s and that other similarities also exist.

“Do re mi appears in both songs,” said attorney Peter Anderson, who also claims Wolfe’s estate doesn’t own the copyright to “Taurus.”

Page and Plant listened quietly as the first two minutes of the song was played for the jury. Their attorney then played a piano interpretation of “Taurus” that had only a vague similarity.

Malofiy showed videos of guitar interpretations of both songs, which sounded more alike. When played simultaneously, similarities and differences could be seen and heard.

Joe Bennett, a forensic musicologist at the Boston Conservatory at Berklee, said both pieces are based on a descending chromatic chord sequence in A minor that was used decades earlier for the song “My Funny Valentine” and in other well-known pieces.

“It’s a well-used musical device. We can say with certainty that that chord sequence is not original,” he said. “It wasn’t written originally in 1968” when “Taurus” was released.

U.S. District Judge R. Gary Klausner ruled in April that there was a credible case that Led Zeppelin may have heard “Taurus” performed before their song was created.

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