The lawsuit was brought in 2014 on behalf of the late Randy California, who composed “Taurus”. Klausner wrote that while the songs have key differences, lawyers for Wolfe’s trustee may be able to prove they are substantially similar.
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However, Mr Skidmore has suggested the song came about after the band heard Spirit perform the instrumental Taurus while the bands toured together in 1968 and 1969.
“While it is true that a descending chromatic four-chord progression is a common convention that abounds in the music industry, the similarities here transcend this core structure”, Klausner wrote.
Page and Zeppelin frontman Robert Plant, who are credited as co-writers of “Stairway to Heaven”, are the main defendants in the case.
Judge Klausner noted that the jury could find “substantial” similarity between the opening two minutes of both songs, which were “arguably the most important and recognisable segments of the songs”.
Francis Alexander Malofiy, lawyer for Wolfe’s trustee Michael Skidmore, praised the ruling. It is now among the most famous and bestselling rock songs in history.
Experts hired by Led Zeppelin contend both Stairway To Heaven and Taurus include notes that have been used in music for centuries.
The complaint filed says that Wolfe alleged in an interview shortly before he passed away that there were striking similarities between the two songs.
While the statute of limitations has run out on the Led Zeppelin members being liable for back royalties, if they lose the trial they could be required to pay royalties earned by “Stairway to Heaven” moving forward from when the lawsuit was filed.
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The case is Skidmore v. Led Zeppelin, 15-cv-03462, U.S. District Court, Central District of California (Los Angeles).
