Stealing a stairway to heaven?

US district judge Gary Klausner, in Los Angeles, said in a decision that the 1967 instrumental Taurus, by the band Spirit, was similar enough to warrant a trial by jury on the question whether the pair had infringed Spirit’s copyright.

The action was brought by Michael Skidmore, trustee for the late Randy Wolfe, the composer of Taurus and Spirit’s guitarist.

He suggested Mr Page may have been influenced by Taurus after the bands toured together in 1968 and 1969.

But the defendants argued Mr Wolfe had no copyright claim as he was merely hired and that chord progressions do not deserve copyright protection because they are so clichéd.

Judge Klausner said, however, that the first two minutes of each song are “arguably the most recognizable and important segments”.

He added: “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.”

He dismissed claims also made against Warner Music Group and Led Zeppelin bassist John Paul Jones and indicated that the trustee would only be entitled to 50 per cent damages.

Mr Skidmore’s lawyer, Francis Malofiy, said: “This case, from our perspective, has always been about giving credit where credit was due, and now we get to right that wrong.”