“Stairway to Copyright Infringement”- Step one in Spirit's uphill climb to prove Led Zeppelin's 'Stairway to Heaven' infringes its copyright

Led Zeppelin is being sued by the band Spirit for copyright infringement based on Zeppelin's immortal song which Spirit alleges lifted portions from its guitar instrumental, Taurus.  Spirit has advanced past step one in its upward climb to prove that "Stairway to Heaven" infringes Spirit's copyright by successfully defeating Led Zeppelin's initial Motion to Dismiss the copyright infringement suit.  However, Led Zeppelin has been invited to take the next step by submitting new evidence showing why a Motion to Dismiss should be granted.


Leaving the procedural issues aside, and turning now to substance of the debate, does "Stairway to Heaven" infringe Spirit's Taurus guitar instrumental?  In order to infringe an original work's copyright, the alleged infringing work must be deemed "substantially similar" to the original work and the alleged infringer has to have had "access" to the original work.  In this case, "access" would not appear to be an issue as Led Zeppelin and Spirit toured together in 1968 and 1969. 

Below are links to YouTube clips from Spirit's "Taurus" and  Led Zeppelin's "Stairway to Heaven."  See if you think that the opening notes in Stairway to Heaven are substantially similar to the middle guitar instrumental in Spirit's "Taurus" (e.g. starting around 0:43).  Since most are familiar with the iconic guitar progression in "Stairway to Heaven," I present Taurus first.  Please let OP-IP know what you think.

© Stephen J. Weyer 2014

Send email feedback- sweyer@stites.com