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Copyright already deals with that, although it’s annoying as fuck. You’re only liable if you copied, independent creation is valid and protected.
And you need to prove your own origin of you creation if you get sued, showing it’s not a derivative of the original (or prove it’s sufficiently transformative for fair use)
Guilty until proven innocent where you live?
Copyright is copyright. You’ll face a civil suit where you have to convince them there’s a 51% chance you’re right.
Copyright law sucks everywhere.