Video: 'The greatest songwriting theft of all time'
(Tuesday, September 7, 1976) — Former Beatle George Harrison was found liable today for copyright infringement after a federal judge ruled that the musician “subconsciously plagiarized” the 1963 hit “He’s So Fine” when composing his chart-topping solo single, “My Sweet Lord.”
In a decision issued by U.S. District Judge Richard Owen in Manhattan, the court concluded that Harrison did not deliberately copy the earlier song but nonetheless infringed its copyright because of the striking similarities between the two compositions.
“It is clear that ‘My Sweet Lord’ is the same song as ‘He’s So Fine’ with different words,” Owen wrote in his opinion. “Under the law, this constitutes infringement, even if done subconsciously.”
The lawsuit was filed in 1971 by Bright Tunes Music Corp., publisher of “He’s So Fine,” which was written by Ronnie Mack and became a No. 1 hit for the Chiffons in 1963.
The case attracted widespread attention in the music industry as attorneys and expert witnesses compared the melodies and musical phrases of the two songs. Harrison testified in his own defense, bringing a guitar into the courtroom to demonstrate how he said he composed “My Sweet Lord” while touring Copenhagen in late 1969.
Harrison testified that the song grew out of improvisations inspired by the gospel standard “Oh Happy Day” and denied intentionally copying the Chiffons’ recording. Judge Owen accepted that Harrison had not deliberately borrowed from the earlier hit but ruled that the former Beatle had subconsciously drawn upon a melody that had become deeply familiar through its popularity.
Video: 'My Sweet Lord vs. He's So Fine'
“My Sweet Lord,” released in 1970, became Harrison’s first solo No. 1 single following the breakup of The Beatles and one of the best-selling records of 1971. The song also appeared on his acclaimed triple album, All Things Must Pass.
Judge Owen’s ruling established Harrison’s liability, but the financial consequences would continue to unfold for years. Owen would later recommend damages totaling $1,599,987, a figure representing approximately three-quarters of the North American royalties generated by “My Sweet Lord” as well as a significant portion of the earnings from All Things Must Pass.
The legal battle would continue for several more years. In 1978, Allen Klein’s ABKCO Industries would purchase the copyright to “He’s So Fine” from Bright Tunes, giving Klein control of the lawsuit against Harrison.
Because Klein had previously served as Harrison’s business manager, the court later ruled that he had violated his fiduciary duty by acquiring an asset connected to a legal dispute involving his former client.
In 1981, the court reduced the damages Harrison owed from nearly $1.6 million to $587,000—the amount Klein’s company had paid to acquire the copyright—and awarded Harrison ownership of the “He’s So Fine” rights in the United States and Britain.
The remaining legal issues would continue for years before the dispute was finally settled in 1998.
The case would later be remembered as one of the most important copyright battles in rock history, establishing the controversial legal principle that a songwriter can infringe another work through “subconscious plagiarism” even without deliberate intent.
