it's difficult to see how this ruling was arrived at, when:
George Harrison vs The Chiffons went the other way. There's enough in both Zep and Harrison's songs to rule in favour of the claimants, surely? - at least on a "significant influence" level.
So let's consider that a court rules against
Ed Sheeran (Thinking Out Loud) vs Marvin Gaye/Ed Townsend (Let's Get It On) - does this one just keep being batted in and out of court forever? - til one side runs out of money, or concedes that any financial gain is outweighed by legal costs?
Mind, it's not like Sheeran doesn't have "form". Didn't he pay out $20m to Thomas Leonard and Martin Harrington - for the chorus of his "Photograph" being almost identical to the chorus of Matt Cardle's "Amazing".
Would Sam Smith conceding writing credits (for Stay With me) to Tom Petty's (Won't Back Down), be a better way forward? ie acknowledge some influence, and apportion financial reward accordingly - thus saving lawyers making a fortune from any successful law suit, appeal etc.
thomasquinn 32989 · Member since
The jury wasn't allowed to listen to actual recordings, they had to judge solely on the basis of sheet music - which, by the way, Jimmy Page can't even read. Page testified that he did in fact own a copy of the album containing Taurus at the time Stairway To Heaven was written.
Seriously, I don't see how the way this case was handled could possibly stand up on appeal.
brENsKi · Member since
[QUOTE] [b]thomasquinn 32989 wrote:[/b]Seriously, I don't see how the way this case was handled could possibly stand up on appeal.[/QUOTE]
and yet; it did just that.
thomasquinn 32989 · Member since
Sadly, yeah. And I seriously doubt the Supreme Court would take up a case like this. Still, the 9th circuit court of appeals is extremely controversial for weird rulings, so you never know, they might find a way to file a new case in a different jurisdiction.
brENsKi · Member since
it'll be down to how far both sides can afford/are willing to go.
at present "Stairway" is valued around $580m global income to date. this is made up of royalties and licensing (public performance, radio etc) $79m and the accrued IV album sales ( as the album's main track) - fans had to buy the album as Zep refused to release "Stairway" as a single.
even the song alone $79m is worth pursuing the court case. so is the legal abandonment of the case anything around £20m in legal fees? ie the claimant stands to lose the estimated return if they lose? or is it literally "in for a penny" - til the death.
the flip side of the argument is Zep will defend their ownership to any definite final judgement. they have everything to lose. any potential payout (the first 2m:00s of an 8m:02s = 25% writing credit) is a big loss, and they can afford to spend more on lawyers than the claimants.
Freddie Jupiter · Member since
I'm sick of these bullshit plagiarism laws made intentionally ambigious and unreasonable to enable a bunch of thieving lawyers to cash in.
At worst LZ took a few seconds of elevator music and transformed it into an epic masterpiece. At best they were merely inspired by a few notes they heard in some song.