Is it copyright infringement to use the same exact notes of another song if they are played at a different rhythm and sound completely different?

Question

Basically wondering if it would be copyright infringement for a song to share the same 6 notes in the same order as an existing composition, provided the rhythm of the notes were different

For instance, if the songs share the same melodic notes but sound sufficiently different to each other, is this still copyright infringement?

I'm not talking about copying a melody, but instead coincidentally having the same notes in the melody played at different timings/rhythms. Not just taking an existing song and changing its overall tempo/rhythm, but the notes themselves being placed at different intervals.

Answer 1

I'm not talking about copying a melody, but instead coincidentally having the same notes

Copyright infringement requires copying. If there is no copying, then there is no infringement. There will be a presumption of copying upon the plaintiff establishing reasonable access and substantial similarity, but this can be rebutted. See Three Boys Music Corp. v. Bolton, 212 F.3d 477 (9th Cir. 2000):

By establishing reasonable access and substantial similarity, a copyright plaintiff creates a presumption of copying. The burden shifts to the defendant to rebut that presumption through proof of independent creation.