Led Zeppelin’s ‘Stairway to Heaven’ plagiarism case heads to appeals court

A federal appeals court has been asked to consider a plagiarism claim against Led Zeppelin one month after a jury failed to find the legendary rock band guilty of copyright infringement in a case concerning their iconic 1971 song “Stairway to Heaven.”

“Please take notice that Plaintiff Michael Skidmore, Trustee for the Randy Craig Wolfe Trust, hereby appeals to the United States Court of Appeals for the Ninth Circuit from the final judgment entered on June 23, 2016, as well as any and all interlocutory rulings, decisions and orders that gave rise to the judgment and are merged therein,” read a notice of appeal filed Saturday in the court.

Mr. Skidmore’s attorney, Francis Malofiy, failed to convince a jury in Los Angeles last month that Led Zeppelin stole the beginning of “Stairway” from a 1968 instrumental written by Wolfe and recorded by his band Spirit called “Taurus.”

Although both bands reportedly shared concert billing together in the late 1960s, Led Zeppelin’s surviving members testified in court that “Stairway” was their own original composition, contrary to Mr. Malofiy’s claim. A jury reached the same decision after five hours of deliberation.

“We are grateful for the jury’s conscientious service and pleased that it has ruled in our favor, putting to rest questions about the origins of ’Stairway to Heaven’ and confirming what we have known for 45 years,” Led Zeppelin said in a statement after the initial verdict was announced.

The case has hardly been put to rest in the weeks since, however, and Saturday’s notice of appeal isn’t the only motion made in the month since the verdict was announced. Two weeks after prevailing over plagiarism charges, Led Zeppelin’s attorney, Peter Anderson, said Mr. Malofiy should be ordered to pay attorney fees — specifically $613,471 — on account of behaving “in a flagrantly unprofessional and offensive manner” during trial.

Combined with witness fees and trial transcripts, Led Zeppelin’s publisher, Warner/Chappell, could received as much as $800,000 from plaintiffs if that request is approved, Hollywood Reporter said last month.

Speaking to TheWrap after the verdict was revealed, Mr. Malofiy indicated the case was far from over, saying: “There are many appealable issues.”

Neither Mr. Malofiy nor Mr. Anderson immediately responded to requests from comment when contacted by Courthouse News, where the appeal was first reported Monday.