Ralph Thomas wrote a song entitled, "Girls Are Like A Beautiful Melody." Richard Johnson wrote a song entitled, "Love Is Like A Symphony." Neither Thomas nor Johnson ever saw or heard the other's work, but the chorus of both songs was identical to an 1890 folk song's chorus which went into the public domain before either Thomas' song or Johnson's song was written. Can Thomas or Johnson sue the other for infringement and win, assuming that the only similarity between the two compositions is the chorus?