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> no matter how it was produced

IIRC, this is wrong. Independent creation is a valid (but almost impossible to prove) defense in US copyright law.

This example is not an independent creation, but your reasoning seems wrong.

I wrote "some exceptions apply" to try to avoid getting into the weeds, but yes, independent creation is an exception. Other exceptions include out-of-term works, public domain, Mise-en-scène (e.g., stock characters), fair use (a huge can of worms), etc.

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