Memo In this short memo, I will evaluate a potential winning the infringement allegation brought up by Plaintiff that Led Zeppelin’s writers, Jimmy Page and Robert Plant, infringed on Randy California (of the group Spirit) by copying his composition “Taurus. In order to file a lawsuit against Led Zeppelin, the Plaintiff must have a valid ownership of copyright. Since the album by the group Spirit that contained the song “Taurus” was released by a record label, we can assume that the plaintiff has a valid copyright to this song. Since we are missing any evidence of “copying in fact”, the plaintiff will need to prove “Improper Appropriation” of his work by showing that the defendants had access to the plaintiff’s work and copied the original elements the plaintiff’s work (according to “Substantial Similarities” Test). Led Zeppelin were an opening act for Randy’s band the “Spirit” and they heard the band performing song “Taurus” most likely numerous times. In addition, Led Zeppelin played …show more content…
The original part is a pattern of notes being strummed in a very special way that made “Stairs to Heaven” one of the most popular songs of its era. Both introductions have a unique classical music feel. However, as it turns out to be, this pattern is not exactly original and is a part of classical composition from Italian composer Giovanni Battista Granata, called “Sonata di Chittarra, e Violino, con il suo Basso Continuo,” which was composed in 1659. The actual passage from this composition has more in common with Led Zeppelin’s “Stairway to Heaven” than Spirit’s instrumental that Page and Plant are accused of plagiarizing. Moreover, Granata’s composition is in the public domain and not subject to copyright. Since Led Zeppelin copied unprotected element of Spirit’s song, the lawsuit filed against them has no merits and Page/Plant will