Bright Tunes Music Corp. v. Harrisongs music, Ltc., 420 F. Supp. 177 (S.D.N.Y. 1976).
“He’s So Fine” was composed by Ronald Mack, recorded by “Chiffons” in 1962, and copyright owned by Bright Tunes Music Corp. “My Sweet Lord” was composed by George Harrison (former member of Beatles) and recorded in 1970. “He’s So Fine” was a big hit in America and England. Harrison concedes he was aware of “He’s So Fine.” However, Harrison testified as to how “My Sweet Lord” was created independently by him and his group, while vamping some guitar chords alternating Minor II and Major V chords and playing the words from “Hallelujah” and “hare Krishna.”
“He’s So Fine” used the structure of A-A-A-A-B-B-B-B and “My Sweet Lord” used A-A-A-A-B-B-B- (transitioning note).
So, is this copyright infringement when the two songs were independently created but were structured and sound extremely similar? AND the composer of the later song was aware of the existing song?
District Judge Owen nicely summarized:
“What happened? I conclude that the composer, in seeking musical materials to clothe his thoughts, was working with various possibilities. As he tried this possibility and that, there came to the surface of his mind a particular combination that pleased him as being one he felt would be appealing to a prospective listener; in other words, that this combination of sounds would work. Why? Because his subconscious knew it already had worked in a song his conscious mind did not remember…. Did Harrison deliberately use the music of He’s So Fine? I do not believe he did so deliberately. Nevertheless, it is clear that My Sweet Lord is the very same song as He’s So Fine with different words, and Harrison had access to He’s So Fine. This is, under the law, infringement of copyright, and is no less so even though subconsciously accomplished.”
Law in Style. 