In assessing whether a part of a musical work reproduced in an alleged infringing work constitutes a 'substantial part', the assessment is qualitative and made by reference to the copyright work, not the alleged infringing work. Principles developed in compilation cases (such as the emphasis on animus furandi and the requirement to 'clearly establish' substantial appropriation) do not apply as tests of general application to musical works. The originality of a musical work is not limited to a single compositional feature (such as its structure as a round); the work is original if it is the product of the author's independent intellectual effort. Expert evidence is admissible and relevant to the determination of objective similarity, and the ordinary reasonably experienced listener test does not preclude repeated listening or expert assistance.
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