the relevant unit for evaluating the infringement or fair use of musical works. See Berkman Center Br. at 38 (document # 177-3). The Supreme Court took exactly this view in Campbell, when it measured the substantiality of 2 Live Crew’s parody against Orbison’s “Oh, Pretty Woman,” rather than the album on which that song appeared. See 510 U.S. 569, 114 S.Ct. 1164; see also BMG Music v. Gonzalez, 430 F.3d 888, 890 (7th Cir.2005) (considering fair use of individually downloaded songs); Szabo v. Errisson, 68 F.3d 940, 942-43 (5th Cir.1995) (finding each song on a registered album an individual copyrightable work). Likewise, the copying of even extremely small portions of protected works may not be fair use. See, e.g., Fred Fisher, Inc. v. Dillingham, 298 F. 145 (S.D.N.Y.1924) (L.Hand, J.) (<HOLDING>). That is especially so where the portion
recognizing that copyright offices interpretation of copyright act should ordinarily receive deference recognizing that the trial court enjoys wide discretion in setting the amount of damages for each work infringed under section 504c of the copyright act holding that eightnote ostinato infringed copyright in song holding that licensees use of photograph after license expired infringed licensors copyright holding that the copyright act distinguishes between employees and independent contractors for copyright possession