Led Zeppelin won the battle for "Stairway to Heaven" but the war isn't yet over in the copyright lawsuit concerning the classic song.
In 2016, a judge ruled in favor of the iconic British rock band, which was defending itself from a lawsuit claiming the band stole the beginning section of the 1971 hit "Stairway" from an instrumental song called "Taurus" by the American band, Spirit, which was released three years earlier.
Last year, however, a three-judge panel in the 9th U.S. Circuit Court of Appeals ruled that the judge in the trial "provided erroneous jury instructions" and that the case should go back to court.
On Monday, several outlets confirmed that court documents say that appellate court panel will reconsider its decision. That means that either the 2016 ruling in favor of Zeppelin will be confirmed or the appellate court will reaffirm its earlier ruling that the case should go back to trial.
The hearing is set to take place on September 23, 2019. Hollywood Reporter reports the hearing was requested by both Zeppelin's lawyers and the estate of late-Spirit guitarist Randy California, who wrote "Taurus."
One of the sticking points in the case for a retrial is the fact that the judge in the case did not allow the the plaintiff, California's estate and its attorney Francis Malofiy, to play a studio recording of "Taurus" for the jury. The jury was instead presented with sheet music for both recordings.
Malofiy insisted earlier this year that he had an ace of sorts up his sleeve in the case against Zeppelin.
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