Led Zeppelin photographed in 1969.

Led Zeppelin photographed in 1969.

Michael Ochs Archives/Getty Images

Led Zeppelin may have won the copyright war over its creation of "Stairway to Heaven," but it lost its battle Monday (Aug. 8) to recoup nearly $800,000 in defense fees.

Judge R. Gary Klausner ruled that the band's songwriters, record label and associated companies were not entitled to legal fees and other costs because the copyright lawsuit against them was not frivolous.

A Los Angeles federal jury in June found that guitarist Jimmy Page and singer Robert Plant did not lift the introduction of "Stairway" from an obscure instrumental written by the late Randy Wolfe, founder of the band Spirit.

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The trust for Wolfe, better known as Randy California, claimed Page and Plant were familiar with his work and stole a riff from the short tune "Taurus" that repeats throughout the first two minutes of their classic rock anthem.

Wolfe's trust had won been seeking credit for the song and millions of dollars in damages. But jurors found the tunes were not similar enough for Led Zeppelin to have violated the copyright protection of "Taurus."

Attorneys for Led Zeppelin sought legal and other fees totaling $793,000 because insurance companies would not cover such an old claim.

They argued that the lawsuit was frivolous, it was brought to shake down the rock stars for money and that awarding defense costs would deter future old and meritless copyright claims.

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Klausner rejected those arguments, saying he had found the lawsuit had enough merit to go to trial and there was no evidence the plaintiff "harbored nefarious motives."

Klausner acknowledged that Led Zeppelin's lawyers succeeded at trial and had shown a right to compensation. But in the end it was up to his discretion, and he sided with Wolfe's trustee.