Bright Tunes Music Corp. v. Harrisongs Music, Ltd.

420 F. Supp. 177 (1976)

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Nature of the Case

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Facts

He's So Fine, recorded in 1962, is a catchy tune consisting of four repetitions of a very short basic musical phrase, 'sol-mi-re,' (motif A), followed by four repetitions of another short basic musical phrase, 'sol-la-do-la-do,' (motif B). Neither motif is novel. Four repetitions of A, followed by four repetitions of B, is a highly unique pattern. In the second use of the motif B series, there is a grace note inserted making the phrase go 'sol-la-do-la-re-do.' My Sweet Lord, recorded first in 1970, uses the same motif A (modified to suit the words) four times, followed by motif B, repeated three times, not four. In place of He's So Fine's fourth repetition of motif B, My Sweet Lord has a transitional passage of musical attractiveness of the same approximate length, with the identical grace note in the identical second repetition. The harmonies of both songs are identical. George Harrison, a former member of The Beatles, was aware of He's So Fine. It was No. 1 on the Billboard charts for five weeks and was No. 12 on the charts in the U.K. on June 1, 1963, a date upon which one of the Beatle songs was in first position. For seven weeks in 1963, He's So Fine was one of the top hits in the U.K. Harrison and his group, which included Billy Preston were in Copenhagen, Denmark, on a singing engagement. Harrison slipped away from the press conference and went to a room upstairs and began 'vamping' some guitar chords, fitting onto the chords he was playing the words 'Hallelujah' and 'Hare Krishna' in various ways. He was alternating between what musicians call a Minor II chord and a Major V chord. Harrison got the rest of the group involved and My Sweet Lord began to emerge. A week after the idea first began to germinate, somehow or other the essential three notes of motif A reached polished form. Motif B emerged in some fashion as well. This is also true of the unique grace note in the second repetition of motif B. The end result was issued by Apple Records. The music was then reduced to paper by someone who prepared a 'lead sheet' containing the melody, the words, and the harmony for the United States copyright application. Neither Harrison nor Preston were conscious of the fact that they were utilizing the He's So Fine theme. It is perfectly obvious to the listener that in musical terms, the two songs are virtually identical except for one phrase.