In a decision in Los Angeles last Friday, US district judge Gary Klausner said that there was sufficient similarity between the song and the 1967 instrumental Taurus by the band Spirit to let a jury decide whether Plant and Page were liable for copyright infringement.

The lawsuit has been brought by a trustee for the late Randy Wolfe, also known as Randy California, who was Spirit’s guitarist and the composer of Taurus. The trustee claims that Page may have been inspired to write Stairway to Heaven after hearing Spirit perform Taurus while the bands toured together in the late sixties, but that Wolfe was never given credit.

The defendants claim that Wolfe was a songwriter-for-hire with no copyright claim and that the chord progressions were so common that they did not deserve copyright protection.

But the judge said a jury could find ‘substantial’ similarity between the first two minutes of Stairway to Heaven and Taurus, adding 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.’

Klausner dismissed claims against Led Zeppelin bassist John Paul Jones and Warner Music Group, but citing a 1967 contract that Wolfe signed said that the trustee was entitled to only 50 per cent of any damages awarded.

A trial is scheduled for 10 May.

Sources: BBC News; The Guardian