Page Number
1
Abstract
In 2014, Michael Skidmore (“Skidmore”), as Trustee for the estate of Randy Craig Wolfe (“Wolfe”), filed an action claiming that the opening notes in Led Zeppelin’s Stairway to Heaven were copied from Spirit’s 1967 song Taurus. Six years later, the United States Court of Appeals for the Ninth Circuit (the “court”), sitting en banc, overturned its earlier ruling and reinstated the jury verdict in favor of Led Zeppelin. The court found that the scope of the copyright in Taurus was defined by the single page of sheet music deposited with the copyright office because the Copyright Act of 1909, rather than the current 1976 Act, controlled. The court also took the opportunity to clarify the test for infringement in the Ninth Circuit. Finally, it joined the majority of circuits by abolishing the use of the inverse ratio rule, which allowed for a lower showing of substantial similarity when there was a high degree of access to the copyrighted work. While the immediate effects this ruling are already being felt, the long-term ramifications for the music industry are uncertain.
Recommended Citation
Wolfe, Alexander R.
(2020)
"Skidmore v. Led Zeppelin: Changing Music Infringement Analysis in the Ninth Circuit Case Comment,"
Denver Sports & Entertainment Law Journal: Vol. 23:
Iss.
1, Article 4.
Available at:
https://digitalcommons.du.edu/selj/vol23/iss1/4