Right but in these scenarios the similarities to a prior work are the cause of the problem they might face. It's stifling to the musician sure but not in a way that's preventing anything actually unheard before.
Where's the limit? Perhaps we should award copyright over specific notes. After all we've all heard them before.
Music has so many variables that even direct covers often end up conveying something entirely original or unique. The chilling effect of Copyright results in humanity missing out on a huge number of valuable cultural contributions.
