Originally published by Peggy Keene.
Sheet Music Copyright Registration Protection Does Not Cover Musical Performance Elements
Since 2015, the band Led Zeppelin and the estate of Randy Wolfe, late singer of the band Spirit, have been embroiled in a copyright lawsuit over “Stairway to Heaven.” The estate for Wolfe has claimed that Led Zeppelin stole elements from Spirit song “Taurus” to use in their hit “Stairway to Heaven.” The wrinkle in the case, however, comes from the issue of whether or not the copyright protection of the sheet music of “Taurus” extends to performance elements of “Taurus” not specifically registered with the United States Copyright Office.
Musicians Band Together: Copyright Protection of Sheet Music Does Not Extend to Performance Elements
The music industry has carefully followed this litigation as it winds its way through the federal appeals process, the next hearing set to be argued before the U.S. Court of Appeals for the Ninth Circuit. As the ruling would affect thousands of musicians, songwriters, and performers, much of the music industry have come out in support of one side or the other. In this particular case, many composers and musicians, numbering over a hundred already, have filed amicus briefs in support of Led Zeppelin, arguing that the copyright protection afforded by registration of sheet music with the U.S. Copyright Office should not extend to performance elements of the same song.
Courts Agree: Musical Performance Elements Not Covered in Sheet Music Copyright Protection
The federal government so far has agreed with the amicus briefs filed, holding that performance elements that may or may not have been present during the recording or performance of a particular song are not automatically covered by the copyright registration of that song’s sheet music. In the analysis of the sheet music of “Taurus” alongside “Stairway to Heaven” deposited with the U.S. Copyright Office, it was found that the only musical similarities between the two’s sheet music was an A-minor chord and a descending scale.
When Seeking Copyright Protection, One Registration of One Version May Not Be Enough
Further, it was held that although Spirit and Wolfe may have eventually “composed, performed, and recorded a more extensive version” of the song than what had been submitted on sheet music to the U.S. Copyright Office, the later renditions and performance versions of the song, even when recorded or performed by the original artist, was not protected under copyright law when based solely on the song’s registration of the sheet music alone.
Spirit and the estate of Randy Wolfe have already appealed the Court holding. As copyright protection of songs can vary wildly depending on the year the song was registered with the U.S. Copyright Office, it would behoove counsel to follow the trajectory and outcome of this case as it is next argued before the Ninth Circuit of Appeals.
Obtaining Copyright Protection of Performance Elements as Technology and Music Media Advance
Copyright law continues to evolve and has become increasingly important as digital media and streaming have allowed music to be played and distributed in entirely new ways. As such, musicians, composers, and performers should consult experienced copyright counsel when looking to register their works with the U.S. Copyright Office and when seeking to assert such rights against a third party. Seeking the proper type of registration, sometimes of various versions of a work, may be necessary to obtain adequate copyright protection.
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