US Ninth Circuit en banc review could reshape copyright intrinsic test
By Nick Robertson ( June 17, 2026, 20:49 GMT | Comment) -- The US Court of Appeals for the Ninth Circuit's decision to rehear en banc a copyright dispute has fueled expectations that it may modify or abandon its intrinsic test for substantial similarity, experts told MLex. The rehearing calls into question Kat Von D's appellate win against a photographer's infringement claims over her tattoo based on their Miles Davis photograph.The five-decade-old "total concept and feel" intrinsic test for substantial similarity in the US Court of Appeals for the Ninth Circuit could soon fall over a tattoo of Miles Davis....
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