Abstract
In light of the growing prevalence of multimillion-dollar musical copyright infringement litigation, music theorists seem positioned to use their esoteric training for a decidedly practical purpose: as an informed presence within “forensic musicology,” the practice of evaluating “substantial similarities” (the legal term) between musical works. This article examines a recent example of such litigation, “Skidmore v. Zeppelin et al.,” involving the accusation that the opening of Led Zeppelin’s Stairway to Heaven (1971) is based on Taurus (1968) by the band Spirit. The “substantial similarity” in question involves the opening acoustic guitar descents, a partial lamento bass figure sinking from tonic A down to F (the dominant E appearing in an upper voice), a version of rock’s “drooping” schema. After discussing relevant details of the case, I briefly outline some of the history of rock’s drooping figure across multiple prominent recordings in the years immediately before Led Zeppelin’s record. My aim is not to solve the issues of “Skidmore v. Zeppelin et al.” but rather to shed light on what the issues in fact are in this particular case, and what role music scholars have played in their determination. In the end, I advocate that music theorists make a concerted effort to involve themselves in forensic musicology, to the benefit not only of the lawsuits but also of the profession of music theory itself, an academic discipline historically isolated from even its closest musicological siblings, let alone the general public.