No Stairway? Denied!

Like finding the source of the Nile, identifying the true origins of pop music is not straightforward. We all know - or should know - that much of what we listen to today shares genetic code with the blues and its derivatives including jazz, rock and roll, country, gospel, R'n'B, soul, hip-hop and, of course, rock.

Identifying how these genres evolved would require a forensic examination of notes, scales, chord structures and all the things absolutely nobody is bothered with as teenagers posing in front of the bedroom mirror with a tennis racquet. What we do know, however, is that with every new iteration of the form as it developed out of spirituals sung in southern cotton fields to become the most important culture of the 20th century, and every teen transplanting his racquet for making an actual racket, that what came before has been infused in what came after.

All this said, it still baffles me how, given that there are only so many notes, octaves, chords and time signatures, we still get lawsuits by one songwriter claiming another has nicked their work. As early as 1954, Johnny Cash was forced to pay Gordon Jenkins $75,000 for the use of lyrics and even melody from Jenkins' Crescent City Blues which it was claimed found its way into Cash's Folsom Prison Blues.

Some cases are less obvious than others, some more so. For example, Jeff Lynne once tried to sue Paul Weller for allegedly stealing the descending guitar riff from ELO's 10538 Overture for Changin' Man. There's little doubt that the riffs in question are almost identical, but does that mean Weller went out of his way to steal from a band you would hardly charge him with as being an overt fan?

I'm no lawyer, but at what point do you prove a deliberate act of wanton plagiarism? Plus, while we're at it, you could argue that Lynne leaned heavily on The Beatles' Dear Prudence, given that the descending guitar motif is the same, just in a different tempo.

There are many, many more I could cite, and it's perhaps not surprising how often The Beatles would figure in such a list. Actually, I would argue that bands as varied as Oasis, The Chemical Brothers and Tears For Fears all dabbing their brushes at the Fab palette could be held guilty of musical pilferage, but then where does homage stop and petty larceny begin? After all, The Beatles themselves were once taken to task by rock'n'roll's pioneer, Chuck Berry, after his publishing company sued that Come Together contained elements of Berry's 1956 song You Can't Catch Me.

It's this assumption that playing the same set of notes, in the same or similar order, no matter how briefly, constitutes plagiarism. I've heard Sam Smith's Stay (not willingly, you'll understand) and not once did I think: "The scoundrel's gone and ripped off Tom Petty's I Won't Back Down" (co-written by Lynne, it should be mentioned). And, yet, Petty and Lynne have now been credited as co-writers of Smith's song because Petty's publishing company noticed "a likeness" between the songs. Even Petty himself didn't believed that Smith had ripped off his song willingly. The matter ended quite amicably, with Petty brushing the issue of as "these things happen". For their trouble, Petty and Lynne are now entitled to 12.5% of Stay's royalties. Not a bad result for one of the best-selling and most-played singles of the last couple of years.

There are, inevitably, examples of too much similarity going on for mere coincidence. Rod Stewart even held his hand up freely when Brazilian musician Jorge Ben took to the courts over a very distinct similarity between the chorus of If Ya Think I'm Sexy and his rootsy 1976 song Taj Mahal. While Stewart stressed that it hadn't been a cynical lift, he said: "Clearly the melody had lodged itself in my memory and then resurfaced. Unconscious plagiarism, plain and simple." Oasis may have fallen into the same trap when The New Seekers' noticed how similar Shakermaker was to their hippy-dippy Coke advertising I'd Like To Teach The World To Sing, a song from Noel Gallagher (and my) childhood. For that, they trousered $500,000.

But then we get to a case of blurred lines - literally. In March last year a California jury concluded that Pharrell Williams and Robin Thicke's Blurred Lines was too close - and therefore unlawfully close - to Marvin Gaye's Got To Give It Up, which resulted in the duo handing over $7.4 million to Gaye's family. At stake was the argument over whether Willams and Thicke copied Got To Give It Up notationally, or whether the production, vocals and overall vibe of the track were suitably similar to warrant the charge. Even now, it is still one that can be contested.

So step up Led Zeppelin and Stairway To Heaven, or specifically the distinctive notes picked out of an A Minor chord that, 45 years ago, Jimmy Page turned into the one of the most played riffs in guitar shops on Saturday afternoons the world over (alongside Smoke On The Water, of course). A US judge has ruled that Page and Zeppelin's Robert Plant will have to face a US jury trial over a claim that Stairway's opening chords were stolen from Taurus, a 1967 instrumental by the band Spirit, who toured with the British group at the end of the 1960s, when - it is alleged - they were exposed to the song.

The claim first surfaced in 1997 when Spirit's guitarist Randy California complained about the similarities in an interview, shortly before he drowned while attempting to rescue his son from difficulties in the sea off a Hawaii beach. His trustee Michael Skidmore decided to take up the case against Led Zeppelin, arguing California deserved a credit. Lengthily, this has now led to US District Judge Gary Klausner ruling that a jury could find "substantial" similarity between the sequences of Stairway and Taurus in question, which he called "arguably the most recognizable and important segments" of the songs.

Led Zeppelin have argued that the chords used were so "clichéd" that they did not deserve copyright protection, no doubt drawing on the oft-heard argument that it would be like copyrighting air. However, the judge, showing a certain degree of musical knowledge, ruled that: "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. What remains is a subjective assessment of the 'concept and feel' of two works ... a task no more suitable for a judge than for a jury."

And so Case No. 15-03462, "Skidmore v Led Zeppelin et al, U.S. District Court, Central District of California" will open on May 10 with a jury of 12 asked to make thedecision. You can judge for yourself, below: certainly there's a tonal similarity between the songs, and the contested guitar sequences do share the same notes, but that to me would be like arguing that any song in the key of D Minor ("the saddest key of all"), is the same as another. In fact, if anything the Spirit sequence sounds more like Is There Anybody Out There? from Pink Floyd's The Wall (interestingly, many of Roger Waters' songs have been written on an acoustic guitar in this same key).

The issue, then, is always going to be one of subjectivity. The Pharell/Thicke case did at least examine the mechanics of the songs in question, while others have held up their hands to admit to the subconscious at work. But in the case of Stairway? I think the mighty Zeppelin have a very strong case for dismissal on their hands.