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Does Song Number Two Sound Like Song Number One?
There is, you have to show an objective level of substantial similarity of the protectable components of each song. That's called the Lay Listener Test. What you really need is, does this sound similar to this in a way that's above and beyond how similar every song is to every other song? You need context. And I don't think as a layperson that I'm out to lunch by saying they do sound substantially similar to me.