## Facts

- Bright Tunes Music Corp. owned the copyright in the 1962 song “He’s So Fine,” composed by Ronald Mack and recorded by the Chiffons.
- George Harrison and related music entities released and exploited the 1970 song “My Sweet Lord,” credited to Harrison.
- “He’s So Fine” was structured around two short motifs (A and B) arranged in a distinctive pattern: repeated uses of motif A followed by repeated uses of motif B, including a specific ornamental “grace note” in the second repetition of motif B.
- The court found “My Sweet Lord” used the same motif A four times, then motif B multiple times with a comparable-length transition, and included the identical grace note in the identical placement; the songs’ harmonies were found identical.
- Harrison admitted familiarity with “He’s So Fine,” which had significant commercial success in both the United States and the United Kingdom.
- Harrison denied deliberate copying and testified that “My Sweet Lord” developed through informal collaborative sessions and studio work, without conscious reference to “He’s So Fine.”
- The court addressed liability only and set damages and other relief for later proceedings.

## Issues

1. Whether “My Sweet Lord” was substantially similar to “He’s So Fine” such that it infringed the copyrighted musical composition.
2. Whether “subconscious” (unintentional) copying can satisfy the copying element of copyright infringement when access and substantial similarity are shown.

## Decision

- The court held that “My Sweet Lord” infringed Bright Tunes’ copyright in “He’s So Fine.”
- The court found Harrison had access to “He’s So Fine” and that the works were substantially similar in their core musical material, sequence, and harmonies.
- The court rejected defendants’ asserted differences as largely attributable to lyrics and syllabic demands rather than differences in the core musical content.
- The court concluded the copying was not deliberate but was nonetheless actionable because infringement may occur through subconscious copying.
- The court entered judgment for plaintiff on liability and reserved damages and other relief for further proceedings.

## Legal Principles

- Copyright infringement may be proven by showing ownership and copying, where copying may be inferred from access plus substantial similarity.
- Substantial similarity analysis may focus on the core musical structure and sequence of motifs rather than surface variations caused by different lyrics or minor alterations.
- Intent is not a required element of copyright infringement; subconscious copying can constitute infringement when access and substantial similarity are established.

## Conclusion

The court found that Harrison’s “My Sweet Lord” appropriated the core musical material of “He’s So Fine” in a highly similar sequence with identical harmonies and a distinctive shared ornament, and held that liability attaches even when the copying occurred unconsciously.


Bright Tunes Music Corp. v. Harrisongs Music, Ltd., 420 F. Supp. 177 (S.D.N.Y. 1976)