The principal reason (I believe) that Judge Owen has written such fine opinions on music copyright (this is only one of many) is that he is himself an accomplished composer and knows all about the (music) creative process first hand. Most unfortunately, he is probably the only senior member of the judiciary with this insight.In his 1976 decision, Judge Richard Owen, of the federal district court in Manhattan, agreed with you as to "unconscious", but not as to "accident", and certainly not as to "trivial and incidental". He wrote: