How Copyright Works: Independent Creation | Berklee Online

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In this video, Berklee Online course author Dr. E. Michael Harrington uses patents to explain the concept of independent creation. Independent creation means that if you write a lyric that is the same as or similar to a previously written lyric, you are not obligated to change it. “I think about you” is an example of a lyric used in multiple songs. However, using the same chords and similar melody in two different songs is cause for copyright infringement. Another copyright issue that revolves around independent creation is a song that Carrie Underwood did with Ludacris, with the lyrics, “I’m invincible, I’m unbreakable, I’m unstoppable.” Countless other artists have used these exact words. However, lyrics can be created independently, so don’t worry if you have words common with other songs- it’s part of language.
About E. Michael Harrington:
Dr. E. Michael Harrington is a professor in music copyright and intellectual property matters. He has lectured at many law schools, organizations, and music conferences throughout North America, including Harvard Law, George Washington University Law, Hollywood Bar Association, Texas Bar, Minnesota Bar, Houston Law Center, Brooklyn Law, BC Law, Loyola Law, NYU, McGill, Eastman, Emory, the Experience Music Project, Future of Music Coalition, Pop Montreal, and others. He has worked as a consultant and expert witness in hundreds of music copyright matters including efforts to return "We Shall Overcome" and "This Land Is Your Land" to the public domain, and has worked with director Steven Spielberg, producer Mark Burnett, the Dixie Chicks, Steve Perry, Busta Rhymes, Samsung, Keith Urban, HBO, T-Pain, T. I., Snoop Dogg, Collin Raye, Tupac Shakur, Lady Gaga, George Clinton, Mariah Carey, and others. He sits on the editorial board of the Journal of Popular Culture, advisory board of the Future of Music Coalition and the Creators Freedom Project, and is a member of Leadership Music. Michael has been interviewed by the New York Times, CNN, Bloomberg Law, Wall Street Journal, Time, Huffington Post, Billboard, USA Today, Rolling Stone, Money Magazine, Investor's Business Daily, People Magazine, Life Magazine, and Washington Post, in addition to BRAVO, PBS, ABC News, NBC's "Today Show," the Biography Channel, NPR, CBC and others. He teaches Music Business Capstone and Music Licensing courses at Berklee Online, and is the course author and instructor for Music Business Law, part of the curriculum for Berklee Online’s Master of Art in Music Business degree.
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Copyright Law | E. Michael Harrington | Independent Creation | Copyright Infringement | Carrie Underwood | Ludacris | Music Business | Berklee Online | Berklee College of Music | Music Business Law

[@photios4779]

I agree with most of what you said in theory. Independent creation is not supposed to be copyright infringement. But in this age of RUclips, we all have _potential_ access to many millions of songs. As you pointed out at 4:36, you came across two "I Think About You" songs with "almost the same melody and rhythm" that were independently created. Occasionally two songwriters will independently compose songs that are "substantially similar" to each other in their melody or in some other important aspect. If the plaintiff's song happened to achieve a certain degree of popularity such as having over a million RUclips views, then this fact and the apparent similarities could be enough to convince a jury of non-musicians who don't fully appreciate the art and limitations of songwriting that infringement must have occurred. I'm reminded of the jury verdict against Katy Perry which found her guilty of copying an ostinato from the Christian rapper Flame and incorporating it into her song "Dark Horse" (though this got reversed on appeal). I do think it's plausible that the similarities are due to independent creation, but a jury may not always agree. Songwriters should worry at least a little that they may have accidentally written something that has too much in common with another song, especially as accidental plagiarism is possible (as George Harrison found out when he released "My Sweet Lord"). It would be wise for songwriters to "pre-screen" their unreleased songs among a small circle of friends and fellow songwriters who can alert them if their song seems too close for comfort to some other song. That could prevent a needless and costly lawsuit.

[@rd6458]

The problem is, that it is literally impossible to listen to every recorded song, to read every book ever written (or article, or newspaper, or magazine, etc.), to see every painting ever painted, every drawing, sketch, so on, so forth. I can google the word, "Creature", and still not see every possible imagined creature; many will not be posted online, and furthermore, many more will be called under different names (even made up names...names I can't possibly know to look for.) I guess the question then, is, how can one avoid accidentally copying another's work - art, poem, music, etc. - if it is impossible to view or hear every written/drawn/recorded piece ever made? With a population in the billions, and with the knowledge that every person can have thousands of ideas (Steven King didn't just write one book, after all), it is highly unlikely - if not impossible - to conjure something in your head that isn't remotely similar to someone else's idea in some way, shape or form. There is no system in place to research or review past works (unlike with the patent office), for art and other creative mediums. And the amount of time required to review/read/research every creative piece would be impossible for the overwhelming majority of people to adhere to (it would require a team, and that would only work for people with the money to hire such a staff...and many things could still be missed.) This only discourages people like me (no money, no team, lol) from wanting to publish and create works, even though they are my original works...because I can't possibly protect myself from what I don't know. I don't have the money to afford a lawyer to deal with potential false copyright claims either, so what is the solution? Yes, many songs (and other works) are widely available and quite popular...but, the "infringer" has to know what he or she is looking for, and/or accidentally stumble upon said work. If they aren't even looking, or, know what to look for, they won't know what to avoid in the first place. It's unfortunate, because it negates the whole purpose of what copyright law was supposed to originally promote: to encourage people to create new works. However, it only discourages me; of course those who intentionally copy should be held accountable, but with an endless number of people creating an endless number of works, the odds of creating something 100% original is next to none...and almost impossible to prove. The problem is finding that fine-line and bringing some balance to this strict law; perhaps if defendants were allowed to utilize lie detector tests, to prove that they are telling the truth when they claim they didn't copy? Otherwise, it is almost impossible to prove a negative. But, it seems that copyright law doesn't want to catch up to the times or reality that it is harder and harder now to have a completely original expression of an idea; alas, it is why I keep my creations to myself. :/

[@maryanne2025]

The case with Katy Perry’s was overturned

[@papa_da_engineer]

I love every one of your videos! If you were a teacher at my college I would never leave lol 💥🔥

[@EMichaelHarrington]

Thank you so much! 🥂

[@juanmiguelmendez8536]

Yeah!!!!!!

[@sulema40]

Need help i route songs 10 years ago i never register, my copyright in Washington, i have the Cd from it with the year, now, One company is claiming the copyrights in my you tube chanol, do i have a case to go to cort. There are 38 songs