Jimmy Page’s Testimony at Led Zeppelin ‘Stairway to Heaven’ Trial, Pt. 2
We pick up the court proceedings after the morning recess on day two. Read Part One of Jimmy Page’s testimony.
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(In the presence of the jury:)
THE COURT: Okay. Ready to go until 11:30? Great. The record will reflect that all the members of the jury are in their respective seats in the jury box and the witness is on the witness stand, and we were still in direct examination. Counsel, you may inquire.
MR. MALOFIY: Yes. We had audio exhibit 100165 that we’d like to play for Mr. Page —
MR. ANDERSON: And Your Honor —
MR. MALOFIY: — for —
MR. ANDERSON: Sorry. My apologies.
MR. MALOFIY: — play for Mr. Page for impeachment purposes.
THE COURT: Okay.
MR. ANDERSON: Your Honor, this is — we’ve conferred, and I do not believe this is an exhibit that was either produced by us or produced to us. Counsel indicates that, if I understood correctly, that it was produced within the last week, which I assume means that it’s on the hard drive of 1500 files that was handed to me on Tuesday.
THE COURT: Is that when it was produced?
MR. MALOFIY: No, that’s absolutely incorrect.
THE COURT: When was it produced?
MR. MALOFIY: It was produced by defendants in this case in response to our first document request. He’s referring to the transcription. I’m referring to the actual audio that defendants produced to plaintiff in this case.
THE COURT: Okay. You may play it.
MR. MALOFIY: Thank you.
(Audio was played.)
MR. MALOFIY: Pause it right there.
Q. Did you hear that?
A. Yes, I did.
Q. Is that your voice, sir?
A. Well, yes, it is.
Q. And does it not say — in regards to writing “Stairway to Heaven,” it said, “Like the intro of it I came up with at Bron-yr-Aur in the cottage where we were together.” Did you hear that?
A. I did hear that.
Q. Now, does that refresh your recollection that when “Stairway to Heaven” was initially written, it was written, you in a cottage with an acoustic guitar, and all that was there was just the intro, correct?
A. No, it doesn’t refresh my memory to that at all, because —
Q. Is —
A. — that — that’s — that’s incorrect, the statement that’s said there.
THE COURT: The statement that you made at that time was incorrect?
THE WITNESS: Yeah, about Bron-yr-Aur, it’s incorrect.
THE COURT: Okay. Next question.
BY MR. MALOFIY:
Q. Is your memory today better than it was shortly after writing the piece in 1972?
MR. ANDERSON: Objection, vague and ambiguous as to writing the piece. I’m not sure what he’s — it’s a recording.
THE COURT: Overruled. The question is, is your memory better today than when that statement was made?
THE WITNESS: Umm, yes. Well, I don’t know about yes or no. I’d like to think my memory’s pretty good, though. May I ask a question, please? Is this —
THE COURT: No, no. Excuse me.
THE WITNESS: No.
THE COURT: I know it’s a little difficult, but it’s gotta be done by a question and answer, and if your attorney wants you to go further into something, he will ask you to expand on it. Go ahead, next question, Counsel.
THE WITNESS: Yes.
BY MR. MALOFIY:
Q. So just to be clear, do you believe your memory of the events in writing the introduction to “Stairway to Heaven” were more clear and present in your mind in 1972?
THE COURT: Counsel, it’s been asked and answered. He’s already answered it. I hate to push you on this, but we’re wasting a lot of time.
MR. MALOFIY: Understood, Your Honor. I’ll move forward.
THE COURT: Okay.
BY MR. MALOFIY:
Q. When it said in this quote, “when we were together,” who are you referring to being together with in Bron-yr-Aur?
A. Well, I’m not referring to playing “Stairway to ” — oh, you — at Bron-yr-Aur. I probably — I think I’m glitching by this point. It’s a mammoth interview, a very long one, and when I’m saying “together” — well, sorry, what is the question exactly as far as us being together? Go on.
THE COURT: Why don’t you restate the question.
MR. MALOFIY: Sure.
Q. Did you spend time alone with Mr. Plant in Bron-yr-Aur cottage in the Welsh mountains prior to recording “Stairway to Heaven”?
A. We had been to Bron-yr-Aur cottage, but we didn’t do “Stairway to Heaven” at Bron-yr-Aur cottage.
Q. I understand that’s your testimony here today. The audio that we just heard says something different, correct?
THE COURT: Counsel, that’s argumentative. The jury’s heard them both.
MR. MALOFIY: Understood.
Q. The person you’re saying — referring to as being together, it was referring to Mr. Plant, correct?
A. I’m sorry? Say that again.
Q. In that interview, when you said you were together with someone in Bron-yr-Aur, would that be referring to Mr. Plant?
A. Well, I’m not sure whether I’m meaning Bron-yr-Aur or whether I’m meaning Headley Grange there. You know, I’ve glitched quite clearly.
THE COURT: That wasn’t his question. His question is, when you said “with somebody else,” would that somebody else been Mr. Plant? If you know.
THE WITNESS: Umm, but it depends on the location, you see, so I don’t — I’m not referring to that. I have to — not — I can’t really be clear about that, because it’s — it’s a glitch as far as, you know, what I’m saying there.
THE COURT: Okay.
MR. MALOFIY: I’ll move forward.
THE WITNESS: It’s hard — it’s hard for me to —
THE COURT: Excuse me. You’ve answered the question. Next question.
MR. MALOFIY: I’ll move forward. For cross-examination impeachment purposes, please play audio 164-A.
THE CLERK: Has that been admitted into evidence?
MR. MALOFIY: Yes, your — Miss Williams.
THE COURT: Okay.
MR. MALOFIY: And that’s 100164-A, BBC Arms of Atlas interview, which was provided by defendants in this case in response to initial production.
MR. ANDERSON: My problem is, the exhibit numbers he’s using don’t match the exhibit numbers on what was provided or the joint exhibit list, so if counsel could please just explain what this is, and then we could basically disregard the exhibit numbers.
THE COURT: Okay. Go ahead. This all should have been done before trial. Go ahead.
MR. MALOFIY: It’s 100164-A. You produced it to us in our initial production. Your Bates number —
THE COURT: He’s asking what it is, not —
MR. MALOFIY: I identified it as BBC Arms of Atlas Our View interview, which was produced by defendants in this case.
MR. ANDERSON: Based on that description, Your Honor, and representation of counsel, we don’t have an objection.
THE COURT: Okay.
MR. MALOFIY: May we play it, Your Honor?
THE COURT: Yes.
MR. MALOFIY: Thank you.
(Audio was played.)
BY MR. MALOFIY:
Q. Did you recognize the first person’s voice in that interview?
A. Yes.
Q. That was your voice, right, sir?
A. Yes indeed.
Q. And the second person’s voice was Mr. Plant’s voice, correct?
A. That’s right.
Q. And the third person’s voice was Mr. John Paul Jones’ voice, correct?
A. That’s correct.
Q. And Mr. John Paul Jones in that interview had said that you and Mr. Plant had come back from the Welsh mountains with the guitar intro and maybe a verse. Did you hear that?
A. I heard what he thought, yes, he thought what we’d done.
Q. Did I hear it correctly?
A. That’s what he says.
Q. And that’s also what you had said in that prior audio clip that we heard from 1972, correct?
MR. ANDERSON: Objection, mischaracterizes the evidence.
THE COURT: Sustained. We’ve already covered that.
BY MR. MALOFIY:
Q. Is it your belief that both of these quotes are wrong?
A. As far as my quotes, I know that’s wrong. As far as the John Paul Jones one, could you just play it again?
Q. Be happy to.
A. Yeah.
MR. MALOFIY: We’ll play it from the beginning. Excuse me. I’ll just queue it up to the relevant portion if that’s acceptable to the Court.
THE COURT: Okay.
(Audio was played.)
BY MR. MALOFIY:
Q. Did you hear that?
A. Yeah, I hear what he’s saying.
Q. And you also dispute this audio quote of your band member, John Paul Jones, who also said that you, Mr. Page and Mr. Plant came back from Welsh cottage with a guitar sequence and intro and maybe a verse?
MR. ANDERSON: Objection, argumentative and mischaracterizes —
THE COURT: Overruled.
MR. ANDERSON: — the testimony.
THE COURT: Do you dispute that that was true?
THE WITNESS: That — that he — that — he says that. That’s what he might have thought that we’d — that we’d done it, wherever. I don’t know where he thought we’d done it, but — but he — well, I do, because he’s saying that he thought we did it at Wales, but —
THE COURT: Okay.
THE WITNESS: — that wasn’t the case.
THE COURT: Next question.
BY MR. MALOFIY:
Q. Do you believe that “Stairway” crystallized the essence of Led Zeppelin as a band?
MR. ANDERSON: Objection, vague and ambiguous.
THE COURT: Overruled. You may answer.
THE WITNESS: Oh. No. No, I don’t think so. I don’t think any one song crystallizes the essence of Led Zeppelin.
BY MR. MALOFIY:
Q. Did you ever say, “I thought ‘Stairway’ crystallized the essence of a band”?
A. I might have done —
Q. “It had everything there and showed the band at its best. Every musician wants to do something that will hold up a long time, and I guess we did that with ‘Stairway.'” Do you remember —
A. Well, I might have been referring to crystallizing like all the sum parts. Do you know what I mean?
THE COURT: Okay, but you might have said that?
THE WITNESS: I might — I might have said that, yeah.
THE COURT: Next question.
BY MR. MALOFIY:
Q. You’d agree with me that when “Stairway” was initially written, it was a guitar intro chord sequence —
A. No, I disagree with that.
Q. — and a verse? You disagree with that?
A. Mm-hmm.
Q. I’ll move forward. How many times did you meet Mr. Randy California?
A. I’ve no recollection of meeting Randy California.
Q. How many times did you interact with Mr. Randy California?
A. I’ve no recollection of meeting him or interacting with him.
Q. You remember hanging out with him at an afterparty in the UK in 1973 after they performed there?
MR. ANDERSON: Objection, Your Honor, lack of foundation and mischaracterizes the evidence.
THE COURT: Well, he’s already said he’s never met him.
BY MR. MALOFIY:
Q. Does that refresh your recollection?
A. I’ll say no.
THE COURT: Okay.
BY MR. MALOFIY:
Q. Do you recall ever going to a Spirit concert?
A. No. Although — although there was some times when we were on the bill, but I didn’t see them. Are you referring to in England?
THE COURT: No. He just said have you ever seen them, have you ever gone to a concert.
THE WITNESS: No.
THE COURT: And you’ve answered no, they may have been on a bill with you, but you’d never seen them.
THE WITNESS: Yes, right.
THE COURT: Okay. Next question.
BY MR. MALOFIY:
Q. Do you recall a CBS afterparty in ’73 after they performed at the Rainbow, where you interacted with members of Spirit?
A. I certainly don’t.
Q. Did you ever hang out with an individual by the name of Larry Fuzzy Knight, a bass player?
A. No. I don’t know who he is.
Q. He was a bass player in Spirit after the first lineup, after Mark Andes was no longer the bass player.
A. Well, who was he with beforehand? Because I obviously never saw him in Spirit. Who did he play with beforehand, when you say hanging out with him?
Q. I’m not sure. We’ll bring him on the stand later on, we can ask him that. Let me move forward to something else.
A. Yeah, the answer to it is no.
Q. No. Okay. Let me move forward to some additional questions. You made a lot of money from “Stairway to Heaven,” correct?
MR. ANDERSON: Objection, lacks foundation, vague and ambiguous.
THE COURT: Sustained.
BY MR. MALOFIY:
Q. Did you receive compensation from the exploitation of “Stairway to Heaven”?
A. Well, we would have got royalties for it.
Q. The last — recently isn’t it true that you signed a publishing deal where you received, as a band, 60 million dollars for your catalog?
A. Well, I don’t know about that, but I signed catalog — I’ve signed publishing contracts, yeah.
Q. Do you recall publishing —
A. But I don’t know what — I don’t know what the terms of them are.
Q. Do you recall signing a publishing contract where you were to receive 60 million dollars over the course of time?
MR. ANDERSON: Your Honor, Counsel said recently, but we’re talking something — about something way outside the three-year statute of limitations, so it’s within the motion in limine.
MR. MALOFIY: It’s — respectfully, it is not with that — it’s not out of the three-year statute of limitations. It’s contained within portions of the payments.
THE COURT: The question is, do you recall receiving such a contract for production of “Stairways to Heaven” that was produced within the last three years?
THE WITNESS: Just “Stairway to Heaven” or the whole catalog of Led Zeppelin?
MR. MALOFIY: Well, respect —
THE COURT: Well, you can clarify it, Counsel.
BY MR. MALOFIY:
Q. Sir, it was the catalog of Led Zeppelin —
A. Catalog.
Q. — which contained —
A. Mm-hmm.
Q. — the song “Stairway to Heaven.”
A. Mm-hmm.
Q. Okay. Do you recall signing a publishing deal where you received 60 million dollars?
MR. ANDERSON: Again, Your Honor, it’s outside the statute of limitations, and it’s within the motion in limine.
THE WITNESS: I don’t know how much the amount of money was for, but I did sign a contract.
THE COURT: You signed a contract, and it was for a production within the last three years?
THE WITNESS: Yeah, I guess so, yeah.
THE COURT: Okay. Okay.
MR. MALOFIY: I’d like to pull up Exhibit D — excuse me. Strike that. Pull up Exhibit 100642.
MR. ANDERSON: Your Honor, up until today there have been no exhibits in the hundred-thousands. This is the continuing problem, and so if there is an exhibit on the hard drive that I was given the first —
THE COURT: Is this for purposes of impeachment, Counsel?
MR. MALOFIY: Oh, this is — this is — it’s for purposes of showing him the publishing contract which he signed, which was produced by defense counsel. What we did —
THE COURT: Sustained. Next question, Counsel. The discovery on this has been abominable, and it should have been taken care of before trial, and we’re not going to get into that discussion here in trial. Sustained. Next question.
MR. MALOFIY: What I’ll do to make it easier for defense counsel, and I’ll just share with you —
THE COURT: Okay.
MR. MALOFIY: — when we have an exhibit a hundred-thousand and then 642, we put all your discovery at a hundred-thousand. So it wouldn’t change your initial Bates numbers. So it would be D —
THE COURT: Counsel, we’re trying a case here. We’re not having a private discussion between the two of you. You can do that at the break. Next question.
BY MR. MALOFIY:
Q. Sir, do you recall signing a record deal with Rhino Entertainment where you received 10 million dollars?
A. As part of the band, yes.
Q. Okay.
A. Well, I don’t know if it’s 10 million. I don’t — I don’t know the figures, but I did sign a contract, but —
Q. And didn’t that include compensation for the song “Stairway to Heaven”?
MR. ANDERSON: Objection, calls for legal conclusion, lacks foundation.
THE COURT: Sustained. But the contract that you signed was for material. Did it also include “Stairway to Heaven”?
THE WITNESS: It included all material.
THE COURT: Okay. Next question.
BY MR. MALOFIY:
Q. Isn’t it true that Flames of Albion’s a music publishing company for the Led Zeppelin catalog?
A. Umm, I think — I believe it is.
Q. Isn’t it true that you’re a director of that publishing company?
A. Yes.
Q. Isn’t it true that you control that publishing company?
MR. ANDERSON: Objection, calls for a legal conclusion.
THE WITNESS: No.
THE COURT: Overruled.
THE WITNESS: I don’t know that I control the company.
BY MR. MALOFIY:
Q. Isn’t it true that all the money that Flames of Albion receives then gets distributed to the individual living members of “Stairway to Heaven”?
MR. ANDERSON: Objection, lacks foundation.
THE COURT: Overruled.
THE WITNESS: I think it get — it gets — I believe it’s more than that. I think it’s the living members and also the estate of John Bonham.
BY MR. MALOFIY:
Q. I would agree. Thank you for the clarification. But you would agree that the only people that are participants in that publishing company is Mr. Plant, Mr. Page, yourself, Mr. John Paul Jones, and also the heirs of Mr. John Bonham, correct?
MR. ANDERSON: Objection, vague and ambiguous as —
THE COURT: Overruled.
THE WITNESS: Yeah, I believe that’s the case.
BY MR. MALOFIY:
Q. And there’s no other individuals that benefit directly from Flames of Albion publishing company, correct?
A. I don’t think so.
Q. Okay. And you would agree with me that all the money that comes in the Flames of Albion then gets passed through to these beneficial individuals, correct?
A. Yes, I believe that’s how it works.
Q. Is it fair to characterize this entity, Flames of Albion, as a pass-through entity? It passes through the income to the individuals?
MR. ANDERSON: Objection, vague and ambiguous, calls for a legal conclusion.
THE COURT: Overruled.
THE WITNESS: Can you repeat that, please?
BY MR. MALOFIY:
Q. Is it fair to characterize Flames of Albion publishing company as a publishing company that passes through the financial interest to the individual members of Led Zeppelin, including the living heirs or heir of John Bonham?
A. Like — like — like a holding company, and then it redistributes, yeah. Is that what you mean?
Q. Exactly.
A. Yeah. Yeah.
Q. Thank you. We just talked about a record deal with Rhino Entertainment Company a moment ago. You testified under oath that you received 10 million dollars as part of that record deal, which included the whole catalog of Led Zeppelin material, including “Stairway to Heaven,” correct?
MR. ANDERSON: Objection. Excuse me. Sorry, Counsel. Objection, mischaracterizes the testimony, argumentative, and lacks foundation.
THE COURT: Overruled.
THE WITNESS: Can you repeat it? Repeat the question. Sorry.
MR. MALOFIY: I’m going to have the court reporter read it back, if she may.
THE COURT: No, Counsel. You can repeat the question.
MR. MALOFIY: Okay. Fair enough.
Q. Do you recall just a moment ago testifying that you were involved in a record deal with Rhino records where, for the Led Zeppelin catalog of music, including “Stairway to Heaven,” 10 million dollars was received?
A. I believe so.
Q. I’m going to show you a document by defendants, Bates number D040194.
MR. ANDERSON: Counsel — This is a document that was designated confidential under the protective order in the case. We have asked that it not be published, and it’s dealt with — the subject’s dealt with in our trial brief. No response was ever provided by plaintiff.
THE COURT: Overruled.
MR. MALOFIY: Thank you.
(For identification, Trial Exhibit D040194.)
MR. MALOFIY: May we publish it, Your Honor?
THE COURT: I don’t want you publishing it, but you can ask him questions about it.
MR. ANDERSON: Thank you, Your Honor.
THE COURT: Some of the document may or may not be — be —
MR. MALOFIY: What I’d like —
THE COURT: But you can show it to him, and you can ask him any questions you want about it.
MR. MALOFIY: Since we’re not publishing it to the jury, would you like me to present it to Mr. Page?
THE COURT: Sure, if you’d like to.
MR. MALOFIY: May I approach?
THE COURT: Yeah, and you can ask him any questions you want about it, but part of that document may very well be privileged and not public.
(Document was handed to the witness.)
THE WITNESS: Thank you very much.
BY MR. MALOFIY:
Q. I’m going to direct your attention to the last page. Before I do that, could you just read the title of that document?
A. “Confidential.”
Q. Oh.
A. That’s what it says at the top.
Q. Could you read me the Bates number all the way at the bottom right-hand corner, please. It starts with a D.
A. Oh. D040241.
Q. One more time.
A. D040241.
Q. Thank you. I want to pull it up on the system here, not publishing it to the jury, with the Court’s indulgence. You see the back of that document?
THE COURT: Back page?
MR. MALOFIY: Yes.
THE COURT: Yes.
THE WITNESS: Yes, I do.
BY MR. MALOFIY:
Q. Do you agree that it’s your signature above the line, with the name Jimmy Page below the line?
A. Correct.
Q. Do you agree that this is a accurate document as it relates to your publishing deal?
A. I don’t know about that.
MR. ANDERSON: Objection, Your Honor. Counsel’s referred to it as an agreement with Rhino. That’s not a publishing deal, so it’s argumentative, misstates the document.
THE COURT: Counsel.
BY MR. MALOFIY:
Q. Just to be clear, that’s your signature, correct?
A. Yes.
Q. And you recognize your signature, correct?
A. Yes, I do.
Q. And you would — isn’t it fair to characterize this document as a Flames of Albion publishing deal where Led Zeppelin or the surviving members or the heirs receive 60 million dollars for the catalog of Led Zeppelin songs?
MR. ANDERSON: Objection, calls for a legal conclusion and lacks foundation.
THE COURT: Overruled. Overruled.
THE WITNESS: I’ve no idea. I’ve no idea. I’m looking at the last page of the document that says “Confidential” at the top in huge letters, and I see — I see the — I see my signature and the other members of the band.
THE COURT: So you signed that document?
THE WITNESS: I signed this document for sure.
THE COURT: How would you describe the document? What is that document?
THE WITNESS: I don’t know what it is.
THE COURT: I’m sorry?
THE WITNESS: I don’t know what it is. There’s so many legal documents that I guess relate to Led Zeppelin.
THE COURT: If you want a second to look at it and tell me if you —
THE WITNESS: Oh, sorry, that — do excuse me. It does say Rhino Entertainment Company, and somebody signed underneath that, so presumably it’s something to do with the Rhino deal.
THE COURT: Okay.
THE WITNESS: But I don’t know whether it’s to do with publishing or whatever.
BY MR. MALOFIY:
Q. I’m sorry, let me read it to you here. I have it in front of me. It says, on the top, “Rhino Entertainment Company, a Warner Music Group Company.” It’s dated July 2nd, 2012. Do you see that on the first page of that document?
A. On the first page? You asked me to look at the last. Oh. Oh. I can’t really see that. Do you mind if he comes and points it out to me?
THE COURT: I do mind.
THE WITNESS: Because I can’t — I can’t really —
THE COURT: That’s okay.
THE WITNESS: On the first page?
MR. MALOFIY: I’ll make this easier —
THE COURT: Sure.
MR. MALOFIY: — if I could. I’ll represent this is — this document is a Rhino record deal, it’s for 10 million dollars, it was for Led Zeppelin’s catalog of music, and that Mr. Page had testified that he signed it on the back page, and I’d just like to move it into evidence, Your Honor.
MR. ANDERSON: Your Honor, I think counsel’s actually testifying. If I —
THE COURT: He’s proposing a stipulation so we can get this thing moving.
MR. ANDERSON: Okay. If I could just have a moment to look at it, because —
THE COURT: Go ahead.
MR. ANDERSON: — of the characterization of it as a publishing agreement. That’s what concerns me.
MR. MALOFIY: Record deal with Rhino. Come over here.
MR. ANDERSON: Can I have a second to look at it?
MR. MALOFIY: I’m going to show it to you here.
MR. ANDERSON: Oh, I apologize. And this is the entire contract?
(Counsel conferred privately.)
MR. ANDERSON: Thank you, Your Honor.
THE COURT: Okay. So stipulate?
MR. ANDERSON: Yes, that is the 2012 Rhino contract.
THE COURT: Okay. That’s fine. Go ahead, Counsel. Thank you.
MR. MORENO: Publish it?
MR. MALOFIY: No. It’s into evidence and —
THE COURT: Okay.
MR. MALOFIY: In regards to the Flames of Albion publishing deal, not the record deal we just discussed, but the publishing deal, for the purposes of showing it to Mr. Page and having him authenticate his signature, may I approach the bench, Your Honor?
THE COURT: Yes.
MR. MALOFIY: Thank you.
THE COURT: So we’re talking about two separate contracts; is that correct, Counsel?
MR. MALOFIY: That is correct, Your Honor. The first one we just identified and moved into evidence was the Rhino record deal. This is the publishing deal.
THE COURT: Okay.
MR. ANDERSON: And just for clarification, it’s a 2008 publishing deal.
THE COURT: Okay.
BY MR. MALOFIY:
Q. Can you read me the Bates number on the bottom right-hand corner of that document, Mr. Page?
A. Yes, certainly. It’s D000650.
Q. And do you agree that this is the Flames of Albion publishing deal where Led Zeppelin, the surviving members and the heirs of John Bonham, received 60 million dollars over a course of time for the Led Zeppelin song catalog?
A. I can’t agree with that till I’ve had a look.
MR. ANDERSON: Objection, Your Honor —
THE COURT: Excuse me.
MR. ANDERSON: I’m sorry. It’s a 2008 contract, so it’s way outside the statute of limitations and within the motion in limine —
MR. MALOFIY: He — this is —
MR. ANDERSON: — number 9.
MR. MALOFIY: This has been raised repeatedly. The payments are in the statutory period, and they’re for a period of ten years, which brings it to 2018.
THE COURT: Does this concern publishing rights for things that were produced before three years ago?
THE WITNESS: It — it’s dated January the 1st, 2008.
THE COURT: Sustained.
MR. MALOFIY: With all due respect —
THE COURT: Sustained, Counsel. I’m not going to argue in front of the jury. We’ve talked about it many times in the past. Sustained.
BY MR. MALOFIY:
Q. Is that your signature on the back page of that document?
A. Yeah, it is.
MR. MALOFIY: I’d like to move that into evidence, Your Honor.
MR. ANDERSON: Objection, relevance, Your Honor.
THE COURT: Sustained.
BY MR. MALOFIY:
Q. Do you agree that the monies attributable to this publishing deal were received in the last three years?
MR. ANDERSON: Objection. It’s a 2008 contract. The payments were under that contract. It’s way outside the statute.
THE COURT: Sustained.
MR. MALOFIY: One moment, Your Honor, with the Court’s indulgence.
(Plaintiff’s counsel conferred privately.)
MR. MALOFIY: I have what’s been marked by defendants, I’ll use their Bates label so it would be easier, D39243, Report of Directors and Unaudited Financial Statements, Year End March 31st, 2015, for Flames of Albion.
MR. ANDERSON: Okay. If counsel could also provide the exhibit number, that would be helpful.
THE COURT: Is there an exhibit number on it?
MR. MALOFIY: Yes. Hundred-thousand 39243.
THE COURT: Okay. Go ahead, Counsel.
(For identification, Trial Exhibit D139243.)
MR. MALOFIY: May I approach Mr. Page?
THE COURT: Yes.
MR. MALOFIY: With the Court’s indulgence, one moment, Your Honor.
THE COURT: Sure. While they’re looking at that, ladies and gentlemen, let me help you a little bit, because you may wonder what we’re doing here as far as time limits go. There’s a statute of limitation period, and the only thing that’s going to come for your decision is if there is an infringement during that statute of limitation period. If it’s before, doesn’t make any different. But if there is an infringement during the statute of limitation periods and what are the damages that were produced from that infringement, and so that’s why we’re limiting it to the time period we’ve talked about.
MR. ANDERSON: While counsel’s doing that, to move things along, could I raise a point, Your Honor?
THE COURT: I don’t know if —
MR. ANDERSON: Okay.
THE COURT: Okay. Let’s wait until it becomes an issue.
MR. ANDERSON: Okay. Thank you, Your Honor.
MR. MALOFIY: Thank you for the Court’s indulgence.
THE COURT: Counsel.
(Document was handed to the witness.)
THE WITNESS: Thank you.
BY MR. MALOFIY:
Q. Do you see that, Mr. Page?
A. See what, sir?
Q. The document.
A. Yes.
Q. Do you agree it says “Report of Directors and Unaudited Financial Statements for Year End March 31, 2015, for Flames of Albion”?
A. It does say that.
Q. That’s the title of the document, correct?
A. Yeah.
Q. Now, if you go to the first red flag there, which I’ve marked to direct your attention, do you see that?
MR. ANDERSON: If counsel could identify where he put the red flag.
THE COURT: Page number?
MR. MALOFIY: I can identify it by Bates number, Your Honor, if you would like.
THE COURT: Go ahead.
MR. MALOFIY: D039247.
THE COURT: Thank you.
THE WITNESS: Oh, I’m looking at 245 with that little tag.
THE COURT: Is that tag on 245?
THE WITNESS: Yeah, it is.
MR. MALOFIY: I’m sorry, let me address 245 first. On 245 — may I take a moment to look at 245? One second.
THE COURT: Yes.
MR. MALOFIY: I thought I’d be able to publish it, so I didn’t think I’d have to have an extra copy, Your Honor.
Q. To be clear, on 245, the directors are listed as J.P. Page, R.A. Plant, J. Baldwin, and J. Hudson. Do you see that?
A. Yes, I do.
Q. And that would be Mr. Plant, Mr. Page, Mr. John Paul Jones, I guess professionally known as, and may be legally known as J. Baldwin; is that correct?
A. Correct.
Q. And then the heir of Mr. John Bonham, who is the deceased drummer of Led Zeppelin. I believe it’s — is it — oh, I’m sorry. And then there’s a Joan Hudson, correct?
A. It says Joan Hudson.
Q. Okay. Let me move forward to the next tab that you see, which I’ll represent is D039247.
A. Right.
Q. It says “Profit and Loss Account for the Year Ended March 31st, 2015.” It has 6.6 million pounds going in, and at the end, it has — and for administrative expenses, it has 6.6 million dollars, leaving a net profit of zero dollars at the end of this period. Do you see that?
A. I do see that.
Q. Did I read that correctly?
A. I did — did you? Umm…
MR. ANDERSON: Your Honor, I have an objection.
THE COURT: Go ahead.
MR. ANDERSON: Flames of Albion is not a party to this case. This is basically gross figures that don’t — aren’t attributable to “Stairway to Heaven” in particular. I don’t really see the relevance of it, and I believe it lacks foundation.
THE COURT: Overruled. And you can argue that on — when you’re putting on your case.
MR. ANDERSON: Okay. Thank you, Your Honor.
THE WITNESS: Okay. So the turnover, it gives a figure for the turnover.
BY MR. MALOFIY:
Q. Six point —
A. And administrative expenses, it gives a figure for that. And then, yeah, basically at the end says profit financial year. Is that what you’re getting at?
Q. Right.
A. This is — yeah.
Q. Profit zero.
A. Yeah.
Q. 6.6 million dollars went in for the year ended March 31st, 2015 — sorry, 6.6 million pounds went in for year ended March 31st, 2015, and 6.6 million pounds went out for the year ending March 31st, 2015, leaving zero dollars net profit, correct?
MR. ANDERSON: Objection. The document speaks for itself, and there’s no foundation that this witness knows anything about accounting.
THE COURT: Overruled. Is that what it says?
THE WITNESS: It says that, yeah.
THE COURT: Okay. Next question.
BY MR. MALOFIY:
Q. And earlier on you testified that Flames of Albion was a publishing company —
A. Yeah.
Q. — for Led Zeppelin’s catalog that acted as a pass-through entity to benefit the individual surviving members and the heir of Mr. John Bonham, correct?
A. Yeah.
Q. Okay. Now, let me go to exhibit — excuse me, Bates number D039289. I believe it’s the next flag, red flag on the side there for your orientation, Mr. Page.
A. Yeah.
MR. ANDERSON: I believe this is a separate — objection. I believe this is a separate document from the one that’s been identified.
THE WITNESS: Okay.
MR. ANDERSON: He’s combined several.
THE COURT: Is it all part of the same document?
MR. MALOFIY: Yes, it is, Your Honor. It was produced by defendants.
THE COURT: Overruled.
BY MR. MALOFIY:
Q. If you go to the middle of the page there, I’ve circled it for you for your orientation, it says “Related party disclosures.”
A. Yeah.
Q. Am I reading it correctly? “The company is controlled by J.P. Page.”
A. Yes, you are.
Q. Did I read that correctly?
A. That’s what it says.
Q. That’s you, correct?
A. That’s me.
Q. Okay. Now, on the bottom, it also identifies —
MR. ANDERSON: Your Honor, and I apologize, but he’s — he’s got a Flames of Albion contract, which is — or document, which is a publishing contract. He’s attached a Super Hype Tapes, another entity that is in this case, that is a record company — or not record, but record related. These are different reports that have been combined into a single exhibit.
THE COURT: As I say, you can get into that on your case in chief when you’re talking to the jury. You can explain all that to the jury. But it’s part of one exhibit; is that correct, Counsel?
MR. MALOFIY: This was —
MR. ANDERSON: No.
MR. MALOFIY: — produced by defense. It is, Your Honor. It’s the attached — it’s the attached documents that support this aud- —
THE COURT: No, Counsel. I’m asking you, it’s part of one exhibit? I don’t care if you have six documents or a hundred documents —
MR. MALOFIY: Yes.
THE COURT: — if it’s introduced as one exhibit. And then, Counsel, when you present your case, you can get into the fact that there are different documents in this exhibit and they’re not related, okay.
MR. ANDERSON: Thank you, Your Honor.
THE WITNESS: Yeah.
BY MR. MALOFIY:
Q. Just to go back to the question, this is a company controlled by J.P. Page, correct?
A. The company’s called Super Hype Tapes.
Q. That’s controlled by you?
A. Yes.
Q. Okay. Now, it identifies on this page three other entities: Classicberry Limited, Trolcharm Limited, JPJ Communications Limited. Are those three companies also pass-through entities where the individual members of Led Zeppelin receive publishing royalties which then get passed through to them individually?
MR. ANDERSON: Objection, lacks foundation, and vague and ambiguous.
THE COURT: If you know. Overruled. If you know.
THE WITNESS: Umm, no, I think that’s how — I think these are the companies that — you know, when it gets shared out in the holding company, we’re talking about it gets shared out, or distributed out. These — these certainly, the — yeah, Classicberry is my company, for example.
BY MR. MALOFIY:
Q. And this money that then gets distributed and shared out —
A. Yeah.
Q. — and goes to the individual members —
A. Yeah.
Q. Trolcharm is Mr. Plant’s pass-through entity, correct?
A. What it says here, yeah. Yeah.
Q. Okay. And JPJ Communications is John Paul Jones’ pass-through publishing entity, correct?
A. I guess it is, yeah.
Q. And those monies benefit the individual defendants, correct? You, Mr. Plant —
A. Say that again.
Q. Those monies that pass through these publishing entities benefit you, Mr. Page, Mr. Plant, and Mr. John Paul Jones, correct?
MR. ANDERSON: Objection. Objection. They’re not publishing entities. Again, counsel’s confusing different things. But I — I apologize for that, Your Honor, but it also is vague and ambiguous.
THE COURT: Okay. Overruled. These entities, the money passes through them to you if you wish to use the money; is that correct?
THE WITNESS: Umm, it — yeah.
THE COURT: Yeah. Okay.
THE WITNESS: Yeah.
THE COURT: Next question.
MR. MALOFIY: Yes.
Q. I’d like to move to D — the page — the Bates number on that packet of — on those financial statements, it’s D039321.
A. Which is that? It’s next one coming?
Q. It’s down in — it’s deep in that stack with the red flag, Mr. Page.
A. Well —
Q. The following red flag.
A. Is it? Well, the following red flag — oh, yeah, 319. Is that it? Is that the one? D0 —
Q. I believe it’s 39 —
A. D0 —
Q. I’m sorry.
A. D039319. That’s the next flag.
Q. One moment. Let me just take a quick look. Is it 39321, or am I reading that incorrectly?
A. The next flag on, from the very last one that we were looking at, which was 289, last three digits, the next flag on from there is the one that goes D039319.
Q. Please go to the next flag, 39321.
A. Certainly.
Q. Do you see that?
A. Yeah, I can.
Q. And it says “Profit and Loss Account, Year Ended March 31st, 2015.” Do you see that?
A. Hang on a minute. 31st of March, 2015.
Q. You see that?
A. Yeah.
Q. And it says recording royalties, roughly 10 million pounds. Do you see that?
A. I wouldn’t say it was roughly 10 million pounds. I’d say it was closer to 9-1/2.
Q. Let me give you the number exactly. 9.696658.
A. Yeah. Yeah.
Q. 9.6 million pounds?
A. Yeah, that’s what it says.
Q. Is that better?
A. Yeah.
Q. Okay. 9.6 million pounds. And then if you look at the expenses, it’s 9.7 million pounds. Do you see that?
A. Yeah.
Q. And then leaving a net profit of zero, correct?
A. Yeah.
Q. Did I read that accurately?
A. Yeah.
Q. Okay. I’d like to move this financial statements into evidence, Your Honor. I don’t know if I did that earlier on.
THE COURT: I don’t know if you have or not, but I’m assuming there’s an objection to it, and —
MR. ANDERSON: Yes, Your Honor.
THE COURT: — it will be overruled. They’ll be received.
MR. ANDERSON: One point, though. These and the other financial documents, as they are designated under the protective order, if they could be segregated out and sealed.
THE COURT: They’ll be — that’s correct, they’ll be received under seal.
MR. ANDERSON: Thank you, Your Honor.
(Received in evidence, Trial Exhibit D139243.)
MR. MALOFIY: Almost done, Mr. Page. Maybe two minutes of questioning and I’ll be through with Mr. Page. With the Court’s indulgence, I just want to check one document.
THE COURT: Counsel, anytime an attorney says two minutes, they never mean two minutes. But go ahead. Go ahead.
MR. MALOFIY: I’m just getting it pulled up right now.
THE COURT: Okay.
MR. MALOFIY: Thank you, Your Honor. I’ll continue my questioning. I hope I find the document before we finish.
Q. Is it your position that you own the copyright for “Stairway to Heaven” along with Mr. Plant?
MR. ANDERSON: Objection, calls for a legal conclusion and relevance.
THE COURT: Overruled. Or excuse me. Sustained. Sustained.
BY MR. MALOFIY:
Q. Do you know who owns the copyright for “Stairway to Heaven”?
MR. ANDERSON: Objection, relevance.
THE COURT: Sustained.
BY MR. MALOFIY:
Q. Do you claim to be a writer on the copyright of “Stairway to Heaven”?
MR. ANDERSON: Objection, vague as — and ambiguous as to writer on a copyright.
THE COURT: Sustained. Do you claim to be a writer of “Stairway to Heaven”?
THE WITNESS: Yes, I do.
THE COURT: Okay.
BY MR. MALOFIY:
Q. Who else?
A. And Robert Plant.
Q. Is it a 50/50 split between you and Mr. Plant as to the writing credit?
A. Yes, it is.
MR. MALOFIY: I’d like to pull up Exhibit 2708, which is the “Stairway to Heaven” deposit copy.
THE COURT: Okay.
MR. MALOFIY: Any objection, Counsel?
MR. ANDERSON: I just wanted to confirm. Thank you, Counsel. I don’t want to hold it up. If — based on counsel’s representation that it’s the — I’m sorry, the deposit copy, you said?
MR. MALOFIY: Yeah.
MR. ANDERSON: If it’s the deposit copy for “Stairway to Heaven,” I have no objection.
THE COURT: Okay. You may publish it.
(Exhibit was displayed on the screen.)
BY MR. MALOFIY:
Q. Have you ever seen this document, Mr. —
MR. ANDERSON: If I may, I believe the marking on the touchscreen has to be cleared. It relates —
THE COURT: We can clear it. It can be cleared. Okay. He’s got it.
MR. ANDERSON: Oh, okay. Thank you.
BY MR. MALOFIY:
Q. Do you see that copy of the “Stairway to Heaven” deposit copy?
A. Yeah, I do.
Q. Have you ever seen this before?
A. I’m not sure that I’ve seen it before, but during the course of all of the paperwork that I’ve seen relative to all of this trial, it might have been slipped by me, but I — you know, I hadn’t really intently focused on it like I am now.
Q. Do you recall ever writing the score for “Stairway to Heaven” that was deposited in the copyright office?
A. In so many words, what — did I write that?
Q. Exactly. Did you write what’s —
A. No, I didn’t, no.
Q. And even though you wrote “Stairway to Heaven,” you didn’t write the deposit copy score which was submitted with the copyright office, correct?
MR. ANDERSON: Objection, asked and answered and irrelevant.
THE COURT: He said he didn’t.
BY MR. MALOFIY:
Q. Do you agree that this deposit copy is inherently bare in not having all the notes to “Stairway to Heaven”?
MR. ANDERSON: Objection, relevance.
THE COURT: Sustained.
BY MR. MALOFIY:
Q. Is the solo part of “Stairway to Heaven” identified anywhere in the “Stairway to Heaven” deposit copy?
MR. ANDERSON: Objection, relevance.
THE COURT: Overruled.
THE WITNESS: It has the lyrics, in the top line of the lyrics.
BY MR. MALOFIY:
Q. Maybe my question wasn’t clear. I’ll restate it. Can you point to where on the deposit copy of “Stairway to Heaven” it indicates the solo?
A. I’ll have to have a look.
Q. And if you need us to scroll down, I believe it’s a few pages.
A. Umm, I think you need to scroll down one more.
(Exhibit was displayed on the screen.)
THE WITNESS: Please scroll one more.
(Exhibit was displayed on the screen.)
THE WITNESS: Please one more.
(Exhibit was displayed on the screen.)
THE WITNESS: Okay. That’s it. I’ve read it.
THE COURT: Okay. Can you repeat the question again.
BY MR. MALOFIY:
Q. You would agree that there’s no solo on the deposit copy lead sheet of “Stairway to Heaven” which was deposited with the office?
A. Yeah, we — I agree with that. It’s not in there, no.
Q. All right. And you’ve identified the solo as a very important part of the composition of “Stairway to Heaven,” correct?
MR. ANDERSON: Objection, again relevance. This is the defendants’ work. He’s talking about performance elements.
THE COURT: Sustained.
BY MR. MALOFIY:
Q. You’d agree with me that if you go to the beginning of this composition as identified on the deposit copy lead sheet, that it starts with “There’s a lady”; it starts with the vocal melody and lyric, correct?
MR. ANDERSON: Again, relevance.
THE COURT: Sustained. Sustained.
BY MR. MALOFIY:
Q. You would agree with me that the introductory notes of “Stairway to Heaven” are not represented in this “Stairway to Heaven” deposit copy, correct?
MR. ANDERSON: Objection, relevance.
THE COURT: Overruled. If you know.
THE WITNESS: The — the — say it again, please.
BY MR. MALOFIY:
Q. You’d agree with me that the song “Stairway to Heaven” doesn’t start with “There’s a lady who’s sure”; there is an introductory part that precedes that?
A. No. The lyrics start with “There’s a lady who’s sure,” but, yes, there’s an introductory guitar passage.
Q. And that’s not represented in the deposit copy?
A. No. It was a solo. You’re correct.
Q. Did you see Dr. Lawrence Ferrara’s report where he identified that there was —
THE COURT: Counsel —
THE WITNESS: No.
THE COURT: — he’s already testified he didn’t see any of the expert reports.
THE WITNESS: No.
THE COURT: And I don’t want you reading in what somebody’s testified. They can testify to it. I don’t want that coming in in front of the jury unless a witness testifies to it.
BY MR. MALOFIY:
Q. Would you agree that all the notes of “Stairway to Heaven” are not represented in the deposit copy of “Stairway to Heaven”?
MR. ANDERSON: Objection, relevance.
THE COURT: Sustained. Not relevant.
BY MR. MALOFIY:
Q. Is it your testimony as you sit here today that you believe “Stairway to Heaven” is more similar to “Chim Chim Cher-ee” than “Stairway to Heaven” is similar to “Taurus”?
MR. ANDERSON: Objection. He’s not an expert witness. He’s asking for a — I guess a musicological comparison between a Mary Poppins song and “Stairway to Heaven.”
THE COURT: You still haven’t hit it. Relevancy?
MR. ANDERSON: Relevance, yes, Your Honor.
THE COURT: Sustained.
MR. MALOFIY: I have no further questions of this witness.
THE COURT: Okay. Close to the two minutes, Counsel, close.
MR. MALOFIY: Okay. What’s that?
THE COURT: I said it was close to the two minutes.
MR. MALOFIY: Oh.
THE COURT: Cross-examination.
MR. ANDERSON: And with the break being moved around, I didn’t quite catch when we’re breaking.
THE COURT: 11:30.
MR. ANDERSON: 11:30. Great. Thank you, Your Honor.
CROSS-EXAMINATION BY MR. ANDERSON:
Q. Good morning, Mr. Page.
A. Good morning.
Q. Counsel yesterday, plaintiff’s counsel, played an audio recording that you indicated, I believe, was difficult to hear, and it starts with a reference to really liking Spirit, and then it goes on. What was the rest of that audio recording about?
A. Umm, it — basically, it was asking what bands I — I liked, and I’m not — I — I can’t remember the — the build-up to it, because it’s an interview, and then there’s a question, and — okay, so there’s a question, and I — I start to say which bands I like, and I say I like Spirit, and then I go on to say — talk about a West Coast band called Kaleidoscope. And I really start talking about Kaleidoscope to the degree that I’d seen them at the Avalon Ballroom, seen them in The Scene club in New York, and that I really like their music, and I was talking about albums that I knew of theirs.
Q. Albums by whom?
A. Kaleidoscope.
Q. Thank you. You testified yesterday that you had heard Spirit singles on the radio. What singles were you referring to?
A. Fresh Gar- — this is in the very early stages of — actually, even pre Led Zeppelin, when I was in Yardbirds. It’s “Fresh Garbage” that I heard on the radio. And during the time of Led Zeppelin, I heard “I Got A Line On You, Babe,” and also, a little later on from that, “Dark-eyed Woman.”
Q. Thank you. Today counsel asked you about mixes of “Stairway to Heaven” that were done at Sunset Sound. Could you explain for the jury the process of recording from, you know, how it is recorded and then how it is mixed.
A. Okay. Well, the recording of “Stairway to Heaven” is done across a multitrack analog tape. And by nature of that, you’d say, for example, have the guitar, acoustic guitar introduction on one track, you would have the recorders mixed in over a couple of tracks, you’ll have the vocal, you’ll have the drums, the electric piano. All these are taking up all different tracks. And then there’s the guitar overdubs of 12 strings and — electric 12 strings, which is two running through the whole of it. And then there’s the solo. The bass as well. So all of these things are across a number of tracks, and you record them. And this was done in England, the recording. And the first attempt at mixing, not only “Stairway to Heaven,” it was the other material that would have been done around that time, including “When the Levee Breaks,” we went to — “we” meaning myself and the engineer, Andy Jones, went to Sunset Sound or Sunset Studios, where we proceeded to start mixing all of the various titles. So — so the process of mixing is you — you recall all of the tracks. They come through a mixing board. And then you — you balance them. So some things are in priority to others. You add effects. And basically that’s — that’s the way you go. You try and get the best blend of all the ingredients that you’ve got in a mix.
Q. Thank you, sir. So the mix of, for example, “Stairway to Heaven” that was done at Sunset Sounds, that was a mix of multitracks that were created in England?
A. Correct.
Q. And was that mix at Sunset Sounds, was that used for the album Led Zeppelin IV?
A. No, it wasn’t. The levee — “When the Levee Breaks” was used on the Led Zeppelin IV, but not the “Stairway to Heaven.”
Q. And just to be clear, what — of the album Led Zeppelin IV, what songs were mixed in at Sunset Sounds?
A. On Led Zeppelin IV?
Q. Yes, sir.
A. The only one that — that — that materialized — see, many of the work that we did at Sunset Sound, and there was a lot, lot of titles involved, is just “When the Levee Breaks.” That’s the only one.
Q. And the recording of “Stairway to Heaven” that appears on Led Zeppelin IV, was that both written by you, recorded, and mixed in England?
A. Yes, it was. It was after the Sunset Sound recordings.
Q. So could you explain how that came about, that there was a second mix prepared in England?
A. Umm, in effect, when we — when Andy and I brought the mixes back to London — the sound system in Sunset Sound was very, very colorful, the speakers, and when we played them back in the — in the little — well, it’s like a listening room at Olympic Studios, it sounded very flat and just very mid range. They didn’t have the complete dynamics of everything that we had put into it, what we could hear. And at that particular point of time, there had been stories about tapes getting demagnetized, and we thought maybe something had happened to the tapes in the transfer. Now, the tapes are these multitracks, and then you mix down to a two-track quarter inch. And this is what we’re referring to. In fact, all of the tapes could have had a — some — some — something might have happened to them. But in actual fact, we sort of went about remixing it anyway, because some of the mixes weren’t quite as up-to-speed. It was all done in a short space of time over here in L.A., and it was one of those things, well, let’s — let’s redo it, because, A, it sounded strange over there. But what actually happened was, then we remixed everything, and I couldn’t equal the mix that was in my mind from the “When the Levee Breaks.” And in actual fact, we sort of opened up the EQ on it, which is the treble and the bass expanding, and it was there, and we could — we hadn’t topped what we’d done at Sunset Sound, so we used it. But actual fact, the mix of “Stairway to Heaven” in England was superior to the Sunset. It was different, but, you know, it worked for the time.
Q. You referred to after Sunset Sounds there was a remix of the London multitracks. Where did the remix occur?
A. It was at Island, I think it was, or Olympic, one of —
Q. And where are Island — and those are recording —
A. Okay, they’re in London. They’re in London, yeah.
Q. And they’re recording studios?
A. Yeah, they’re recording studios, yeah.
MR. ANDERSON: If Your Honor could just indulge me while I confer with counsel.
(Defense counsel conferred privately.)
MR. ANDERSON: Thank you, Your Honor. I apologize. Those are all the questions I have for Mr. Page.
THE COURT: Okay.
THE WITNESS: Thank you.
THE COURT: Redirect?
MR. MALOFIY: Yeah. Thank you.
REDIRECT EXAMINATION BY MR. MALOFIY:
Q. Just to be clear, initially, “Stairway to Heaven” was recorded at Island Studios in the UK, correct?
A. Correct.
Q. Then you went to the United States, to Sunset Studios here in L.A., and you mixed it down, correct?
A. Along with other tracks, correct.
Q. Right. Then you went back to the UK. You went to Olympic Studios for a listening session, correct?
A. Correct.
Q. And then you didn’t like the way the Sunset Sounds mix sounded, and then you remixed it at Island, correct?
A. The material that we’d done, yes.
Q. And then the Sunset Studios —
A. Mixing.
Q. — mix, which was done in the United States, in L.A., was then re-released just recently in 2015, correct?
MR. ANDERSON: Objection, misstates the testimony. There was no re-release. It was never released.
THE WITNESS: No.
THE COURT: No, he may answer the question. Overruled.
BY MR. MALOFIY:
Q. The recent — the recent Led Zeppelin IV album which was released, didn’t it have a companion —
A. Correct.
Q. — audio of the Sunset Studios mix which was done in the United States?
A. It gave an opportunity to be able to — to present the Sunset Sound mix.
Q. Thank you. No further questions.
THE COURT: Okay. Redirect? Or recross?
RECROSS-EXAMINATION BY MR. ANDERSON:
Q. Mr. Page, just to clarify, was the Sunset Sounds mix of “Stairway to Heaven” used in any way, at any point, from the beginning of time up until today?
A. Not until the re-releases.
Q. And when was that?
A. Two years ago, I’d say.
Q. Okay. Thank you.
THE COURT: You may step down.
THE WITNESS: Thank you very much.
THE COURT: Okay. Next witness.
MR. MALOFIY: I’ll let Mr. Page pass me by before I stand.
THE COURT: Sure.
MR. MALOFIY: Thank you, Mr. Page. I was going to give him the courtesy of —
THE COURT: That’s okay. Go ahead, next witness. Just give us the name on it.
MR. MALOFIY: Next witness is Mr. Larry Knight. Can I go summons him?
THE COURT: Okay.
MR. MALOFIY: Thank you.
(Further proceedings in this matter were held and reported; not transcribed herein.)
– – – –
LOS ANGELES, CALIFORNIA; TUESDAY, JUNE 21, 2016 11:25 A.M.
– – – –
(Prior proceedings in this matter were held and reported; not transcribed herein.)
(In the presence of the jury:)
MR. ANDERSON: Your Honor, defendants call Jimmy Page.
THE COURT: Okay.
THE CLERK: Right here. I’m going to swear you in again.
THE WITNESS: Yeah, sure.
THE CLERK: Okay. That’s fine. Please raise your right hand. Do you solemnly swear that the testimony you are about to give in the matter now before the Court shall be the truth, the whole truth, and nothing but truth, so help you God?
THE WITNESS: I do.
THE CLERK: Thank you. You may be seated. May I please ask that you restate your name for the record and spell your last name.
THE WITNESS: Yes, indeed. I’m James Patrick Page, P-a-g-e.
THE COURT: Counsel, you may inquire.
MR. ANDERSON: Thank you, Your Honor.
—-
LOS ANGELES, CALIFORNIA; TUESDAY, JUNE 21, 2016 11:25 A.M.
—-
(Prior proceedings in this matter were held and reported; not transcribed herein.)
(In the presence of the jury:)
MR. ANDERSON: Your Honor, defendants call Jimmy Page.
THE COURT: Okay.
THE CLERK: Right here. I’m going to swear you in
THE WITNESS: Yeah, sure.
THE CLERK: Okay. That’s fine. Please raise your right hand. Do you solemnly swear that the testimony you are about to give in the matter now before the Court shall be the truth, the whole truth, and nothing but truth, so help you God?
THE WITNESS: I do.
THE CLERK: Thank you. You may be seated. May I please ask that you restate your name for the record and spell your last name.
THE WITNESS: Yes, indeed. I’m James Patrick Page, P-a-g-e.
THE COURT: Counsel, you may inquire. MR. ANDERSON: Thank you, Your Honor.
JAMES PATRICK PAGE, CALLED AS A WITNESS BY THE DEFENDANTS,
DIRECT EXAMINATION BY MR. ANDERSON:
Q. In the course of this trial, have you heard plaintiff’s counsel suggest to the jury that Led Zeppelin performed at the Northern California Folk Rock Festival in San Jose, California, in May of 1969?
MR. MALOFIY: Objection, argumentative.
THE COURT: Overruled.
THE WITNESS: I have.
BY MR. ANDERSON:
Q. Did Led Zeppelin perform at the Northern California Folk Rock Festival?
A. No. We played in Chicago.
MR. ANDERSON: Okay. I would ask to — if we could bring up Exhibit 2112.
(Exhibit was displayed on the screen.)
BY MR. ANDERSON:
Q. Do you recognize Exhibit —
MR. MALOFIY: Objection. This was never produced in discovery.
MR. ANDERSON: Yes, of course it was.
MR. MALOFIY: I’ll let it go, Your Honor.
THE COURT: Okay. Go ahead.
MR. ANDERSON: Okay. Thank you.
Q. Do you recognize —
A. Kinetic Playground. Yeah, that was a venue in Chicago.
Q. Okay. And that’s where Led Zeppelin was in on those days in May of 1969?
A. I believe so.
Q. Do you recall during the course of this trial you heard Larry Fuzzy Knight testify that he saw you in London in March of 1973?
A. Yes, I do.
Q. Could that have happened?
A. No, it couldn’t happen.
Q. Why not?
A. Basically, I don’t live in London. I mean, I didn’t live in London in those days. I lived in Sussex, a good sort of two hours drive from London. And at that point of time that they’re saying that I went to the Rainbow aftershow, or whatever it is, I mean, I just wasn’t at any of the things that they’re saying, but I remember we’d been doing a European tour and then we came off of the European tour — this is Led Zeppelin, came off the European tour, and then I retreated to the countryside with my partner and our daughter, in a relatively new house to us, too. And we had somewhere in the region of maybe three weeks off before going on a very, very lengthy American tour. And so basically where I was going to be in that point of time would be at home with my partner and daughter, who was about two years old at the time.
Q. Okay. And touring, you mentioned that. When were you touring in that time period, do you recall?
A. Each side of that 1973. There was a European tour, and then — and the point where they’re saying that, you know, I was there, I was actually in the countryside. And as I say, after that we were going to go off on a very long tour. So it was, you know, it was definitely the right thing to do, to be with your wife at the time rather than being going anywhere else. So that’s what I would have done. I would have been at home.
Q. Okay. And at home in Sussex?
A. Sussex, yeah.
Q. I’d like to ask you questions about the creation of “Stairway to Heaven.” What was your original concept for “Stairway to Heaven”?
A. Okay. The original concept that I had was for a piece of music that would basically go through many moods and changes and basically be like a reveal, as it was — as it was come — as it was opening up, building towards — well, actually, it would start — it would start with the acoustic guitar, and then it would have the electric piano, and there would be — I knew it was going to be a song, even though I’m thinking about it as music, because Robert, Robert and I were working so in sync with musical compositions in that time. So basically it was going to be something which opened up, and as I said, there’s going to be the acoustic guitar, the electric piano, and then there would be electric 12 strings that would come on underneath, blaring underneath the verses. So basically the thing is layering with extra instruments, and then it would go through eventually to something that I always nicknamed the fanfare, which I think we’ve heard before, that term, in the court, and that would lead into the solo. All the time this whole thing is accelerating and getting more intense, it’s getting more intense, and then after the solo, then it would come to the sort of grand finale, the climax of the whole piece. And, as I say, the idea of it was to basically start off with something which was, you know, more whimsical, if you like, but ending up with this huge sort of roll at the end, and on the journey through it, the drums would come in separately, and the bass, and et cetera, et cetera, electric 12 strings.
THE COURT: Okay. Ladies and gentlemen, it is 11:30, so we’re going to be breaking for lunch. Remember the admonishment not to discuss the case among yourselves or with anybody else or form or express any opinions about the matter until it’s submitted to you and you retire to the jury room. We’ll be in recess. See you back in at 1:00 o’clock.
THE CLERK: All rise. Court is in recess.
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LOS ANGELES, CALIFORNIA; TUESDAY, JUNE 21, 2016 1:01 P.M.
– – – – –
(Partial transcript.)
THE COURT: Okay. The record will reflect that all the members of the jury are in their respective seats in the jury box, the witness is on the witness stand, and we are in direct examination. Counsel, you may inquire.
MR. ANDERSON: Thank you very much, Your Honor.
JAMES PATRICK PAGE, having been previously duly sworn, testified further as follows:
DIRECT EXAMINATION (RESUMED) BY MR. ANDERSON:
Q. Mr. Page, before we continue with the creation of “Stairway to Heaven,” just a couple of questions I wanted to ask you. Did you attend an event at the Berklee College of Music a few years ago?
A. I did.
Q. And in your honor, did they open up a portion of music with some portion of “Stairway to Heaven”?
A. Yes. I was receiving an honorary doctorate there and — along with some other participants, as well, inductees, and they had a musical concert reflecting the work of myself and others. But they opened up the whole of the concert, beginning of the concert, with what we call the fanfare, which precedes — they didn’t play the solo, but it precedes the solo in “Stairway to Heaven.”
Q. Okay. Thank you. Continuing with the creation of “Stairway to Heaven,” when I asked you the question about your original concept, you used the phrase “a reveal.” What did you mean by “a reveal”?
A. Well, I was working towards something which was quite symphonic and also anthemic. So what I meant by “a reveal” was that the instruments would be layered. As the verses continued through, they would be layered or be introduced to include more texture. And as that texture came, it would — it would just keep adding more things texturally to the whole piece.
Q. Thank you. When did you start composing music for “Stairway to Heaven”?
A. Well, it’s somewhere between May and August of 1970. I actually moved houses during that period, as well, so in between being — touring and whatever. I would say it’s between the location of Pangbourne in Berkshire or my home in Sussex, which was Plumpton.
Q. Okay. And did you work on music for “Stairway to Heaven” at those houses?
A. Well, I was working on various ideas all the time, to be honest with you, if I wasn’t on the — if I wasn’t on the road. It gave me — it gave me the balance between the sort of loud music on tour and I’d sort of turn the coin and play acoustic guitar when I wasn’t on the road, and I would be preparing for the next album that was coming. So, yes, acoustic guitar.
Q. Okay. Thank you. Which part or parts of “Stairway to Heaven” did you compose first?
A. Well, I — I seem to remember that I had the fanfare first and the idea of that going into a solo, which was pretty radical and no one had done something like that before.
Q. Okay. And early on, had you decided to use a 12-string guitar?
A. During the build through it, yes.
Q. Okay. And at some point, did you work on “Stairway to Heaven” at Headley Grange?
A. Yes, I did.
Q. When you first arrived at Headley Grange, could you tell us what you had in terms of “Stairway to Heaven” at that point?
A. Well, basically, I had the ideas for a map, if you like, of putting this together, all the sections, and I — you know, as I had said before earlier, I wanted it to sort of reach a sort of climax at the end of it. Obviously, at this point of time, there was no lyrics involved, so it was really just the sequence and the mapping of the music and the sections. It was an ambitious piece and I needed to — I needed to — I must say that with Led Zeppelin, if you came up with ideas or somebody had a riff or something, if it wasn’t very good, it would be jettisoned and you move on very quickly to something else. So because this was a very ambitious idea, I wanted to make sure that rather than me just try and plow through on my own with nobody knowing it, I thought the best thing to do was to get together with John Paul Jones and so at least there would be two members that would know it from beginning to end. So I started to routine him.
Q. Okay. Before we get to that, could you tell us, what is Headley Grange?
A. Ah, well, Headley Grange was a — excuse me. Headley Grange was a country house in — pretty isolated — that was in Hampshire in a village called Headley. Hampshire is in England, in the south of England. And I had heard that bands had — well, a band had rehearsed there. There might have been bands, but it was Fleetwood Mac. So it was also said that you could use it as residence, as well, stay there and it had enough bedrooms to do that. So knowing that Fleetwood Mac had been there and it was isolated, there hadn’t been any noise problems, so I sort of started putting two and two together and adding up, and then four plus four equals eight. And that’s the idea of using Headley Grange, to reside there — because it was, you know, a commitment, asking the rest of the band if they’d do this, you know — and bringing in a mobile recording truck which had a multitrack. So normally recordings in those — you know, the masters will be two tracks, but this is a — this is a multitrack, so you could record on various tracks to various instruments.
Q. And did you and the other members of Led Zeppelin work on other recordings and compositions at Headley Grange?
A. Oh, yes. We worked on lots of material there.
Q. Okay. Did you use the mobile recording truck for other compositions at Headley Grange?
A. Well, the thing was that we arrived and the truck arrived more or less at the same time, and the microphones were sort of set up into the — to begin with, into the living room. And then we just got on with it, really. We started — you know, we were — we were staying there, we were eating there, sleeping there, and we were writing and recording music there.
Q. And did I understand your testimony a few minutes ago — did I understand correctly that the first person you introduced what eventually became “Stairway to Heaven” to was John Paul Jones?
A. I think so.
Q. And can you describe for us how you introduced the music to John Paul Jones and — let’s start with that.
A. Well, let’s just say I had a very ambitious map that I was trying to establish and something which was going to sort of break certain musical rules, this whole idea of acceleration. It’s more in classical music you’ll find this, but not necessarily in pop or what one loosely termed rock. So I basically wanted to make sure that I could run through the various ideas that I had. I only had an idea of how to glue them together, but, as I say, I wanted to have an ally who would know it so by the time we got together with John Bonham and, indeed, Robert, you know, it would be starting to shape up into a piece.
Q. Okay. And was that introduction — well, actually, I’m sorry. Let me start this way. Were there tapes of you introducing the pieces, the music, to John Paul Jones and then other members of the band?
A. Well, I didn’t play anybody any of the cassette tapes that I had of any of this. I don’t know whether there’s any cassette tapes of bits of “Stairway” because they’ve gone off into the ether, I’m afraid, but I did have a cassette recorder and I was recording the — fortunately recording the stages of development of the song.
Q. And those recordings that you do have exist today and were produced in this case?
A. Well, yes, they exist today.
Q. And they were done at Headley Grange in 1970?
A. Yes. Yes.
Q. I’m going to play what I understand is the earliest surviving recording from Headley Grange relating to “Stairway to Heaven.” And before I do that, can you sort of tell us what we’re going to hear?
A. Okay. You’re going to hear me introducing it to — basically, routining it so that — so that John Paul Jones gets to memorize it. And the bits that you will hear, it’s the same story. I’m laying out the overall plan for it. John Paul Jones is on the electric piano because I wanted the electric piano to come in at some point on this song, because, as I say, it was very ambitious and also very long, that it wouldn’t have been for him just to play the bass along with this. It wouldn’t have been as effective as if he’d have played the electric piano with the voicings of the guitar. So what we’re going to hear is this is the very first sort of introduction, if you like, for me to John Paul Jones where we’re running through, and I think right now is the time to record it as a point of reference. It’s like a sketchbook, you know? And on this, as well, there is — there is a section that I try out that gets jettisoned after this tape.
Q. Okay. Could I ask you, when you hear that section come up, when you hear the portion that was —
A. Thrown away.
Q. — if you could just raise your hand so that we know.
A. Yes, certainly.
MR. ANDERSON: And so, Your Honor, I would seek leave to play Exhibit 2011-1.
THE COURT: Okay.
(Playing of audio recording.)
THE WITNESS: (Indicating). That was —
MR. ANDERSON: I didn’t mean for you to stop it. We want to hear —
(Laughter.)
MR. ANDERSON: We want to hear — he’s just identifying it.
(Playing of audio recording.)
MR. ANDERSON: Okay. So we can go ahead and stop it at this point.
BY MR. ANDERSON:
Q. So did we hear — first of all, excuse me, we heard the portion that you had created but in this process of creating “Stairway to Heaven” you decided to abandon?
A. When I put my hand up, yeah, that bit, I sort of threw it in at the time and that’s all — knowing they’re going to throw this out.
Q. Okay.
A. So it doesn’t really make it anyway past that stage.
Q. Right. And then we —
A. But it’s a process of repetition here. We’re playing things over and over and turn back to the very first part —
Q. And that’s what I was going to ask. Did we hear —
A. — so John Paul Jones gets to be more familiar, right.
Q. Okay. Thank you. Did we hear in this recording basically you were repeating portions of it so John Paul Jones could learn it?
A. It’s at the process where he’s — he’s — yeah, yeah. It’s pretty — this recording is pretty soon after I’ve originally played it to him. I maybe only run through it once or twice beforehand and then it’s time to make a note of it.
Q. And this is a recording done 46 years ago in a country house at Headley — called Headley Grange and — of you and John Paul Jones working on what became “Stairway to Heaven,” right?
A. Yeah. Like the first parts, yeah.
MR. ANDERSON: Okay. And, Your Honor, if I may have leave to play Exhibit 2011-3.
MR. MALOFIY: What is it?
MR. ANDERSON: It’s one — also one of the Headley Grange tapes. It’s the third one.
THE COURT: Okay.
(Playing of audio recording.)
BY MR. ANDERSON:
Q. Okay. Could you please describe what we just heard?
A. Yeah. Okay. So there’s like a sort of link between the verses, and then there’s some arpeggio chords, which are played quite rhythmically, and that’s sort of establishing the — an area whereby that would be vocals to come in. And then it gets through to the point of the fanfare, and John is — he doesn’t really know what it is, so I’ve stopped it so I can show him what the fanfare is.
Q. Okay. Thank you.
MR. ANDERSON: There are two more that I would like to play. The next one is 2011-5.
MR. MALOFIY: One moment. No objection.
THE COURT: Thank you, counsel. Go ahead.
(Playing of audio recording.)
MR. ANDERSON: We can stop it at that point.
THE WITNESS: Yeah.
BY MR. ANDERSON:
Q. If you can please describe what we’ve heard in that portion of that recording.
A. Okay. So we’ve gone from the fanfare section and then it goes into what would be the guitar solo chords. And in actual fact, the vocal will pick up the last verse over those chords, as well, except — yeah, that’s it. That’s what happens there.
Q. Okay.
A. So that went on for ages, those chords, and I thought it was best to not try your patience.
Q. Okay. Thank you. And, finally, in terms of the Headley Grange tapes, if we could play Exhibit 2011-7.
MR. MALOFIY: No objection.
(Playing of audio recording.)
MR. ANDERSON: Thank you, Your Honor.
BY MR. ANDERSON:
Q. Could you please describe what we just heard?
A. Okay. Well, we’ve heard a run-through now with what John Paul Jones and I had worked out the night before — I think it’s probably the following day — running through the overall structure with Robert. And Robert, you can hear that he’s got some of the lyrics already coming through that, again, would end up on the final one. But at this point, we still haven’t run it through with John Bonham on drums, and he’s going to come in almost about halfway through the song —
Q. And —
A. — and that’s going to be after this.
Q. Thank you. And did I hear correctly that Mr. Plant had not completed all the lyrics and at some point —
A. Well, this is a really early stage. You know, again, this is a really, you know, early growth of the — of the song and the piecing together of it. It’s — yeah, it’s going through up to the point of the solo, where the chords were just repeating over and over. We’re at no point at the moment where Robert’s going to come up with the last verse, for example, but once we get — once we start kicking this over with the — with the drums, as well, then it’s getting more sort of — how do you put it? — more growth to it and more volume even, you know, and more texture. And then Robert sort of finishes the vocals — well, as far as I remember, he had a good 85 percent of it all done in a very, very short time.
Q. And so all of these recordings that we’ve listened to are 46-year-old recordings of the process of creating “Stairway to Heaven” at Headley Grange?
A. Correct.
Q. And where was Headley — I’m sorry. Where was “Stairway to Heaven” actually recorded in a studio?
A. Okay. Can I just explain why we go to the studio? Is that all right?
MR. MALOFIY: Objection. Asked and answered. We went through this on direct and also on cross.
THE COURT: Why don’t you state the question again, counsel.
MR. ANDERSON: Okay. I think he’s referring to his question of him, but —
BY MR. ANDERSON:
Q. Yes, sir. Without elaboration, just where was the — the final recording that was released to the public in 1971 —
A. The final recording was recorded not at Headley Grange. I elected to take it up to London to a studio called Island Studio, and we went in the large studio, the Number 1 studio, and we recorded it there.
MR. ANDERSON: Okay, Your Honor. If I may now have permission to play the entirety of the released version, “Stairway to Heaven,” that plaintiff is claiming is an infringement.
THE COURT: Okay.
MR. MALOFIY: No objection. Our focus on the first 2 minutes and 14 seconds, to be clear —
THE COURT: Okay.
MR. MALOFIY: — with counsel.
THE COURT: Okay.
(Playing of audio recording.)
BY MR. ANDERSON:
Q. Mr. Page, is that Led Zeppelin’s 1971 recording of your and Mr. Plant’s musical composition, “Stairway to Heaven”?
A. Yes, it is.
MR. ANDERSON: Thank you, Your Honor. That’s all the questions I have for Mr. Page.
THE COURT: Cross-examination.
MR. MALOFIY: Yes.
CROSS-EXAMINATION BY MR. MALOFIY:
Q. You had just testified that you started working on “Stairway to Heaven” in May, June, is that correct —
MR. ANDERSON: Objection.
BY MR. MALOFIY:
Q. — of 1970?
MR. ANDERSON: Misstates the testimony.
THE COURT: Well, why don’t we just ask him. Did you start working during that period of time on it?
THE WITNESS: I started working on various guitar pieces at home between those months. I can’t exactly say exactly where it is. But do you mind if I can just clarify this in one way? I do know that I go to Headley Grange from my house at Plumpton, so, yes, I mean, this stuff was — all these bits were put together before we went to — before I went to Headley.
BY MR. MALOFIY:
Q. Isn’t it true New Musical Express, April 25, 1970, it stated: “In what direction are you going?” Your answer was: “It sounds crazy, but we’ve got something we want to try, but I don’t want to tell you about it in case it doesn’t come off. It’s an idea for a really long track on the next album. And so much that ‘Dazed and Confused’ and all those things went into sections, but we want to try something new with the organ and acoustic guitar build-up and build up to the electric thing.” Do you recall that the genesis of “Stairway to Heaven” was an acoustic guitar and an organ, not the fanfare?
A. That’s not actually an organ on there, but I — but what I could say is I don’t remember the circumstances of that interview at all, but I’d always had ideas of doing things which — which involved electric — acoustic guitar building into electric. I’ve done it before with “Ramble On,” et cetera, et cetera. It wasn’t a new idea, but to actually have orchestrated guitars and getting that thing across. It doesn’t necessarily mean that I’m talking about “Stairway” there, to be honest.
MR. MALOFIY: Can we pull up 98.
BY MR. MALOFIY:
Q. This is the same page of the New Musical Express we looked at earlier on in this case with your testimony.
MR. MALOFIY: I would just blow this up so you can see it.
(The exhibit was displayed on the screen.)
BY MR. MALOFIY:
Q. Can you read that?
A. “It sounds corny, but we’ve got something we want to try out, but” — okay. Well, we haven’t tried it out, I don’t think, then if I said that.
Q. Right. But you were sharing to a reporter at the New Music Express —
A. Yeah.
Q. — that you were trying this piece out that was — that was going to be the basis of acoustic guitar and organ and then building to a bigger piece.
A. Yeah, but it doesn’t — yeah, I’m saying that. I’m saying — I’m outlining some sort of thing that has textures to it, but it doesn’t necessarily mean to say that it is “Stairway” or that it isn’t, really.
Q. Does this refresh your recollection that you started “Stairway to Heaven” in April of 1970 and that it started out with an acoustic guitar and an organ part?
A. No.
Q. It doesn’t?
A. No, it doesn’t, because we don’t start working it out — it’s not even an organ, it’s the electric piano, and that’s much later in the year of 1970 —
Q. You’d agree —
A. — at Headley Grange.
Q. You’d agree that “Taurus” is an electric piano and an acoustic guitar?
MR. ANDERSON: Objection. Lacks foundation. It’s beyond the scope of the direct.
THE COURT: Overruled. If you know.
THE WITNESS: No. No. No.
THE COURT: Okay. Next question.
BY MR. MALOFIY:
Q. Am I correct that this is also the same page of the New Musical Express which indicates that “Spirit do some really nice things on albums,” which is a quote attributable to you?
MR. ANDERSON: Objection. Outside the direct.
THE COURT: Sustained. It’s outside the scope of direct.
BY MR. MALOFIY:
Q. Isn’t it true the story you told in court as to how “Stairway to Heaven” was written is different than what you had stated in recorded interviews in 1972?
MR. ANDERSON: Objection. Relevance. Argumentative. Outside the scope.
THE COURT: Overruled. If you know.
THE WITNESS: I don’t know whether it’s different to what I’ve said before. I wouldn’t have thought so, because it’s pretty clear about how it comes together, me writing it on acoustic guitar at home and then presenting it to John Paul Jones so he gets an idea of it. And we’ve actually heard the way that it builds. I mean, it can’t be any different than that.
MR. MALOFIY: Please play 100165-A.
MR. ANDERSON: If we can just have a moment, Your Honor.
MR. MALOFIY: It was already played and also moved into evidence earlier on in this case.
MR. ANDERSON: With the characterization by counsel it was a 1972 interview, we’ve since determined, I believe, it’s a 1990 interview.
MS. FREEMAN: 165-A.
MR. ANDERSON: Oh, okay.
MR. MALOFIY: No, it’s not.
THE COURT: You may play it, counsel.
MR. MALOFIY: Thank you. Move to strike counsel’s mischaracterization.
THE COURT: Sustained.
MR. MALOFIY: Thank you.
(Playing of audio recording.)
MR. MALOFIY: Stop it there.
BY MR. MALOFIY:
Q. It says — if I’m not mistaken, that’s you on that recording, correct? Is that you?
A. That’s my voice.
Q. All right. And it says: “I came up to — I wrote it in different places. The intro of it I came up in a cottage in Bron-Yr-Aur”; is that right? Thank you. Did I pronounce it correctly?
A. That’s what I hear it to say.
Q. I did my best. Now, you testified earlier on that this was a — glitch, you glitched in 1972, correct?
A. May I ask you a question, please? Is this the interview of Pete Frame?
Q. Sir, your counsel —
A. Oh, sorry.
Q. Your counsel will, I’m sure —
THE COURT: Why don’t you state the next question. Restate it.
BY MR. MALOFIY:
Q. Isn’t it true earlier on when you testified, you said you had a glitch in that interview and you said the wrong thing —
A. Yeah.
Q. — in 1972?
A. Yeah, that’s correct.
Q. Are you having a glitch today?
MR. ANDERSON: Objection, Your Honor.
THE COURT: Sustained. Argumentative.
THE WITNESS: I would rather hope not.
THE COURT: That means you don’t answer. Okay.
BY MR. MALOFIY:
Q. Did you ever correct that misstatement ever?
MR. ANDERSON: Objection, Your Honor. Vague, ambiguous, outside the scope of the direct.
THE COURT: Sustained.
MR. MALOFIY: Let me go to 100164A, also played and admitted into evidence.
MR. ANDERSON: Your Honor, that is the one that character — excuse me — counsel characterized as a 1972 recording when he was questioning Mr. Jones and which we’ve since determined is a 1990 recording.
THE COURT: Why don’t you two figure it out. Talk to him.
MR. MALOFIY: I’m not sure if we will figure it out right now.
THE COURT: Is it a 1997 or 1992?
MR. MALOFIY: From what — this is from — this is from audio defense counsel provided which was stamped 1972.
THE COURT: Okay.
MS. FREEMAN: No, it is not. It is stamped 1990.
THE COURT: Well, go ahead. You can get that on cross.
MS. FREEMAN: It’s 1990.
THE COURT: Counsel. Go ahead.
MR. MALOFIY: Can we play that, as well.
(Playing of audio recording.)
MR. MALOFIY: Stop it.
BY MR. MALOFIY:
Q. Is that John Paul Jones’ voice?
A. That’s John Paul Jones’ voice.
Q. And whether or not he said it in 1972 or, as counsel wants to make clear, in 1990 — I know it’s a dispute at this stage — but he said something diametrically opposed and you said something different as you — in court here under oath, correct?
MR. ANDERSON: Your Honor, it’s argumentative.
THE COURT: Sustained. It will be argumentative. You can bring that up in argument, counsel.
BY MR. MALOFIY:
Q. Whether he said it in 1972 or 1990, his voice here said that you and Mr. Plant had come back from the Welsh mountains with a guitar intro and maybe a verse. Did I hear that correctly?
MR. ANDERSON: Objection. It’s argumentative. It’s not even impeaching.
THE COURT: It speaks for itself.
MR. ANDERSON: And it speaks for itself.
THE COURT: The jury heard it.
BY MR. MALOFIY:
Q. Sir, to be clear with this jury, there’s a difference between Headley Grange and Bron-Yr-Aur, correct?
MR. ANDERSON: Objection. Vague and ambiguous.
THE COURT: Overruled. You’ve got about a minute left, counsel.
THE WITNESS: There’s a difference between Bron-Yr-Aur, Headley Grange, and, indeed, my home.
BY MR. MALOFIY:
Q. Right. And Bron-Yr-Aur is a cottage in the Welsh mountains, correct?
A. Yes, when we were there on the third album, yeah.
Q. And that’s where you and Mr. Plant had spent time together alone, correct?
A. For the third album, yes.
Q. And then later, you met with the group, John Paul Jones, Robert Plant, yourself, and also John Bonham, to work in Headley Grange, correct?
A. I met with them, yes.
Q. Right. And this was months later, correct? This was sometime in December?
A. A good time after Headley Grange, yeah.
Q. But to be clear, Bron-Yr-Aur —
A. I’m sorry. I’m sorry. A good time after Bron-Yr-Aur, yeah —
Q. Right. Thank you.
A. — because we were touring.
THE COURT: Okay.
BY MR. MALOFIY:
Q. One last question.
THE COURT: Last question. Go ahead.
BY MR. MALOFIY:
Q. Do you — do you believe that the intro to “Stairway to Heaven” is protectable or do you believe it is just common?
MR. ANDERSON: Objection, Your Honor. Calls —
THE COURT: Sustained. That’s for the jury to determine.
BY MR. MALOFIY:
Q. If someone took the intro to “Stairway to Heaven,” would you sue?
MR. ANDERSON: Your Honor —
THE COURT: Sustained. Okay. Thank you, counsel.
MR. MALOFIY: Thank you.
THE COURT: Is there redirect?
MR. ANDERSON: Thank you, Your Honor. Defendants rest.
THE COURT: Okay. You may step down.
THE WITNESS: Thank you, sir.
(End of partial proceedings.)