WRONG.
I could come up with the lyrics and music to a song I’d never heard but still be guilty of copyright violation.
Whoever gets there first owns it.
Go ask George Harrison’s family about the money he lost over “He’s So Fine” for one.
I was taught by the copyright lawyer that I have to COPY to violate copyright.
Which is different from what you said.
But.
I won’t argue with you. I’m not a lawyer, not in court, not involved with a specific case, not subject to a particular jury, etc.