Comment Re:Misleading to call it "non-copied" (Score 1) 657
A long time ago I heard about an infringement case that said something like 4 notes was a copyrightable melody. I then heard some one calculated how many unique combinations that you can get with 4 notes including various timings of the notes and what not. It was fairly small like 100,000 combinations. The thing I always thought about that is that there is 100s if not 1000s of years of public domain music. Wouldn't that make the easiest defense to such an infringement case that you actually copied a public domain work? Even better if you can find the work.
Plaintiff: You copied these 4 notes from my defendant.
Defendant: No. Both your defendant and I copied those notes from this Beethoven symphony which is public domain.
<play 4 notes from symphony>
Judge: Case dismissed.
The real challenge would be to not identify a specific work, but convince a judge mathematically and historically that the melody in question must be public domain.