1. My Sweet Lord and He’s So Fine: An Early Precursor of A Modern Issue
Len Rabinowitz

2. My Sweet Lord and He’s So Fine: An Early Precursor of A Modern Issue
The Songs: You Decide
He’s So Fine recorded in 1962
Topped US Billboard charts
Beatles not big in US in 1962
Song reached number 12 in England in 1963 during a week that the Beatles were number 1
Harrison admitted that he knew the song

3. My Sweet Lord and He’s So Fine: An Early Precursor of A Modern Issue
He’s So Fine languished
My Sweet Lord generated in jam session with Billy Preston, Question of authorship
Preston released the song before Harrison- Harrison listed as sole author
Song was a huge hit when recorded and released by Harrison
Bright Tunes Music- the owner of He’s So Fine- brought suit on February 10, 1971
Billy Preston and George Harrison with
President Ford, 1974

4. My Sweet Lord and He’s So Fine: An Early Precursor of A Modern Issue
Judge (a musician, but more classically oriented- less improvisational) focused on two phrases of melody
Other major differences not considered
Harrison knew of earlier song; claimed no intent
Harrison found guilty of “subconscious plagiarism”
Judge: “Perfectly obvious… the two songs are virtually identical”
Upheld on appeal; Intent not necessary for plagiarism
Judge’s decision centered on
these phrases

5. My Sweet Lord and He’s So Fine: An Early Precursor of A Modern Issue
Initial decision came in 1976
Early decision that got musicians thinking about “influence” and “original”
Professional digital recording began a few years later
Digital audio sampling- artists using phrases from other artists in recordings- was huge issue in the 1980’s for musicians, well before MP3 for consumers
This Yamaha recorder allows sampling
CD’s into your own recordings

6. My Sweet Lord and He’s So Fine: An Early Precursor of A Modern Issue
Ethical Analysis
Kant, 1st formulation:
“Act only from moral rules that you can at the same time will to be universal moral laws”
Can musicians unconsciously borrow from each other?
Proposed Rule: Musicians can unconsciously borrow from each other
Musicians have always influenced and borrowed each other; Impossible to eradicate influences
Universal Rule: Musicians may unconsciously borrow from each other
Musicians continue making music as they always have
Rule is acceptable; Under this analysis judge got it wrong
A stressed-out musician

7. My Sweet Lord and He’s So Fine: An Early Precursor of A Modern Issue
Kant, 2nd Formulation
“Act so that you treat both yourself and other people as ends in themselves and never only as means to an end”
Improvisatory musicians use their influences as means to an end
Musicians must consider or cite influences before playing
Judge’s decision likely correct under this formulation
A musician “fighting the power!”

8. My Sweet Lord and He’s So Fine: An Early Precursor of A Modern Issue
Social Contract Theory
Law is a form of social contract
Current law recognizes intellectual property and says works are born copyrighted
Modern musician’s heavy use of borrowing and influences without citation likely violates social contract of law
By this analysis behavior of modern musicians is unethical

9. My Sweet Lord and He’s So Fine: An Early Precursor of A Modern Issue
The Cardinal Virtues:
Judgment: Harrison showed poor judgment in writing the song as written. He could have known it was too similar
Honesty: Harrison was honest in acknowledging knowledge of the other song
Prudence: Writing songs for popular consumption is not a prudent act
Courage: Writing songs for popular consumption is courageous
Justice: Justice was eventually done for the owner of the song- not necessarily the performer. Harrison was harmed
Self mastery: Complex. Harrison could have thought this through more. However, professional songwriting requires considerable focus and determination.
On the whole, Harrison’s actions come up short in the cardinal virtues

10. My Sweet Lord and He’s So Fine: An Early Precursor of A Modern Issue
References:
The “My Sweet Lord”/”He’s So Fine” Plagiarism Suit. Article written by Joseph C. Self, Accessed on July 12, 2008.
George Harrison and The Chiffons. Author unknown. Accessed on July 12, 2008.