Is This Song A Rip-Off?

When I heard Train's "Play That Song," it was eerily familiar, so I did a little research.  Apparently, their publicist says the song is "in the spirit" of the late composer, Hoagy Carmichael's "Heart & Soul.  Spirit, or same song?  You decide.  https://www.youtube.com/watch?v=6EaytUFTDDs 


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