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Old 07-30-2019, 02:08 PM
Acsenray is offline
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Join Date: Apr 2002
Location: U.S.A.
Posts: 36,231
Originally Posted by control-z View Post
Is it plagiarism if you've never heard the song you supposedly plagiarized? Are you supposed to have listened to every song ever made to be sure you don't infringe?

There needs to be some sort of musical complexity score and tunes that aren't high in complexity and would be easy to make from basic notes shouldn't be copyrightable. IMO.
Again, there’s no question of plagiarism here. It’s copyright infringement.

To be found liable for copyright infringement one must have copied That means that independent creation is allowed.

But because of direct evidence of copying can be difficult to find, courts allow an inference of copying if you prove that the defendants had access to the work and that the allegedly infringing work is substantially similar to the plaintiff’s work.

It’s the plaintiff’s version to prove either copying or access and substantial similarity.

So no, no one is necessarily responsible for knowing every work in existence.
*I'm experimenting with E, em, and es and emself as pronouns that do not indicate any specific gender nor exclude any specific gender.