The 9th Circuit Misapplies The Spirit of The Law in Favor of Led Zeppelin

The 1960's psychedelic band Spirit and most specifically the late Randy California have been screwed again. The 9th Circuit Court of Appeals denied California's estate royalties to Led Zeppelin's "Stairway to Heaven". His estate claimed "Stairway to Heaven" was derived from The Spirit instrumental "Taurus". According to Variety:


The court overturned the so-called “inverse ratio rule,” a precedent that has governed copyright cases in the 9th Circuit for the last 43 years.


To prove copyright infringement, a plaintiff must show that the alleged infringer had access to the plaintiff’s work, and that the two works are “substantially similar.” The inverse ratio rule — which had not been adopted in other circuits — held that the more access was shown, the less similarity was required to establish infringement. The rule has been a thorn in the side of defendants — including record labels and major artists — for decades.


In overturning the rule, the appeals court noted that the idea of “access” has become diluted in the digital age, as millions of works are readily available on Netflix, YouTube, and Spotify. The court also held that the rule has the effect of establishing a lower burden of proof for infringement of popular works.


However, in this case, the digital age has nothing to do with it. Spirit were not only contemporaries of Led Zeppelin, but Led Zeppelin opened for them in the late 1960's. So Robert Plant and Jimmy Page would have had direct access to the song on a nightly basis. I believe the 9th Circuit misapplied the spirit of the law in favor of Led Zeppelin.


Well, judge for yourself. Have to listen to "Taurus" by Spirit. Wait about 45 seconds and then things will sound really familiar.