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San Francisco appeals panel reinstates 2016 judgment that found no proof 1971 song breached copyright of Taurus by Randy Wolfe

A US appeals court has reinstated a ruling that British rockers Led Zeppelin did not steal part of their song Stairway to Heaven from another band.

The San Francisco 11-judge panel affirmed a 2016 judgment that found no proof the classic 1971 Zeppelin song breached the copyright of Taurus, written by Randy Wolfe from a Los Angeles band called Spirit.

In 2018 that ruling was overturned by a three-judge panel in San Francisco, which said certain instructions to the district court jury had been erroneous and prejudicial, and failed to clarify that the arrangement of elements in the public domain could be considered original.

Led Zeppelin took the case to a larger panel whose decision on Monday, based on the 1909 Copyright Act, put the original ruling back in place.

Stairway to Heaven is estimated to have grossed $3.4m during the five-year period that was at issue in the earlier civil trial.

The Led Zeppelin guitarist Jimmy Page who was sued along with the groups singer Robert Plant and another surviving bandmate, John Paul Jones testified in 2016 that the chord sequence in question had been around forever.

But Wolfes trustee, Michael Skidmore, said the songs had similar chord progressions and Page may have written Stairway to Heaven after hearing Taurus while Led Zeppelin and Spirit toured together.

Obviously the court got it wrong, said the trustees lawyer, Francis Malofiy. This is a big loss for creators, those who copyright laws are meant to protect. Malofiy said he may appeal to the US supreme court.

Lawyers for Led Zeppelin did not immediately respond to requests for comment.

The decision in the five-year-old case was a victory for a music industry still combating fallout from a 2015 verdict that Robin Thicke and Pharrell Williams 2013 hit Blurred Lines copied Marvin Gayes 1977 hit Got To Give It Up.

Jurors awarded Gayes children $7.4m, which was later reduced to $5.3m. The singer Katy Perry is appealing against a $2.8m verdict reached last August in a copyright case over her song Dark Horse.

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