I imagine the argument might be like this: I hire a session musician to play on my new single, paying him $100. I record the whole session. I ask him to play the opening to "Stairway to Heaven" and he does so. "Well, I can't use that as a sample without paying" "Ok play something like Jimmy Page" "Hmm, still sounds like Stairway to Heaven" "Ok, try and sound less like Stairway to Heaven but in that style" "Great, I'l…
He basically played the four chord song in court, and showed that the prosecutions’s song was “copying” an earlier song.
https://amp.theguardian.com/music/2023/may/04/ed-sheeran-ver...