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 work

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.