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OCR: later testified for respondent at trial.3 After the two compositions. stated that the similarities betw veen the two strong make them virtually identical musically particular he noted, "[t]he tempos are virtually the same [t]he harmonic pattern which the melody is identical". [b]oth follow the identical structure eight bar verse and short chorus" and "[b]oth follow virtually the identical line. Ibid short. Dr Tanner concluded. the two pieces "substantially similar" and "such differences may exist between the two melodies ATE insubstantial and insignificant. J.A 11-12. Respondent filed this action for copyright infringement in July 1985 Prior t trial the district court upheld respondent' copyright "Jungle" and ruled that petitioner, although the author of the song could nevetheless be held ...