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Kluge, as a lawyer, you should know better! Haven’t you heard of the famous George Harrison case, where the Chiffons sued him for copyright infringement? There was a very similar four-note sequence in both songs. Although George Harrison did not willfully violate the Chiffon’s copyright in “He’s So Fine,” he was found liable for copyright infringement; exposure to the song alone is sufficient to determine that he had access for the purposes of infringement. It does not matter that the Chiffons wrote a pretty mediocre song about love and Harrison wrote about a Hindu god; he still had access to the song and (unconsciously) copied part of the melody into his own work.</p>
<p>While some (or a lot) of Miss McCaffterty’s work may be trite and cliche, there are some very unique parts of it, which KV swiped wholesale.</p>