How Copyright Works: Independent Creation | Berklee Online

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.

About Berklee Online:
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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

[photios]

I agree with most of what you said in theory. Independent creation is not supposed to be copyright infringement. But in this age of YouTube, 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 YouTube 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.

[papa_da_engineer]

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

[sulema]

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