LED ZEPPELIN LOSES FIRST ROUND IN “STAIRWAY TO HEAVEN” PLAGIARISM SUIT

ledzeppelin400 Eriq Gardner of the Hollywood Reporter reports:

Led Zeppelin is stuck in Pennsylvania at the moment, forced to confront claims forced to confront claims the band stole its biggest hit Stairway to Heaven from Randy Craig Wolfe, founding member of the band Spirit.

Wolfe’s heirs sued Led Zeppelin, Jimmy Page, Robert Plant and their music companies in June, asserting that the story Page has told over the years about holing himself up in a remote cottage in Wales in 1970 and creating the iconic song is false. The plaintiff alleges that the music really came from Spirit, which once toured with Led Zeppelin in the late 1960s. To hear the song in question, please click here.

In reaction to the lawsuit, the defendants challenged jurisdiction.

“The individual defendants are British citizens residing in England, own no property in Pennsylvania and have no contacts with Pennsylvania, let alone ties sufficient to render them essentially at home here,” stated a memorandum to dismiss.

In response, the plaintiff amended the lawsuit with some emphasis on why a Pennsylvania judge should oversee the case: “Defendants are subject to specific jurisdiction in this district because they make millions of dollars from the Eastern District of Pennsylvania by directly targeting this district for the exploitation of Stairway to Heaven through CD sales, digital downloading, radio and television play, advertising, marketing, concert performances, other performances, licensing, and otherwise targeting resident individuals and businesses to profit off the exploitation of Stairway to Heaven.’

U.S. District Court Judge Juan Sánchez has now denied the motion to dismiss or transfer without prejudice, meaning that the Zeppelin parties can still try again.

The judge didn’t offer any reasoning in his written order, but those looking for the standards by which judges determine jurisdiction can read about another judge’s recent decision to throw out a trademark lawsuit filed by John Wayne’s heirs against Duke University.

source: hollywoodreporter.com

32 Responses

  2. All music is plagiarized in some sense or another. That even includes Black Sabbath (oh the blasphemy!) Yes there is blatant plagiarism (Vanilla Ice and MC Hammer), but I don’t believe this qualifies with Stairway to Heaven. Besides, even if it did, Stairway was recorded 43 years ago! Surely the statute of limitations for such a lawsuit have long since expired. This is nothing but a cash grab attempt by Randy Craig Wolfe.

  4. I just don’t hear it. Randy California died years ago, So it isn’t even him bringing the suit. It’s his children who probably already blew through any money left to them so now they’re going after Zep. The reason this is being tried in PA (read Philadelphia ) is that it is the frivolous lawsuit capital of the US. California had more than 30 years to bring a suit if he had felt he was ripped off. This should have been thrown out of court the moment it was filed. Has Zep “borrowed ” ideas before? Yes, but in this case it is one hell of a stretch .

    1. I totally agree, and doesn’t STATUE OF LIMITATIONS ever come up ?This is complete BS, and isn’t the timing a bit suspicious? Since Zeppelin’s HOUSES OF THE HOLY are being re-released after being re-mastered, TODAY Hey “judge” juan sanchez are you being paid off? Randy “California”( what a name), did not file a lawsuit, there must have been a reason, there is no case for plagiarism, please who ever decides this, do the right thing and let this suit amount to a victory for LED ZEPPELIN. I can’t believe the state of Pennsylvania would not dismiss such a frivolous lawsuit, I guess it is true, Pa, really is frivolous lawsuit capital of the U.S. I hope you are ashamed of yourselves!!!!

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