[MrsJoseph]

I might agree...except we also have Substantial similarity

Substantial similarity is the standard developed and used by United States courts to determine whether a defendant has infringed the reproduction right of a copyright. The standard arises out of the recognition that the exclusive right to make copies of a work would be meaningless if infringement was limited to making only exact and complete reproductions of a work.[1]Many courts also use "substantial similarity" in place of "probative" or "striking similarity" to describe the level of similarity necessary to prove copying has occurred.[2] A number of tests have been devised by courts to determine substantial similarity. These may rely on one or both of expert or lay observation and may subjectively judge the feel of a work or critically analyze its elements.