US Ninth Circuit may change copyright test, but replacement remains unclear
By Steve Scherer ( October 9, 2026, 19:26 GMT | Comment) -- Lawyers who followed last week’s en banc rehearing in a copyright plaintiff’s appeal of an adverse jury verdict say the US Ninth Circuit appears open to revising an intrinsic test for substantial similarity. A change could allow judges to decide more cases before trial, but oral argument left unclear what would replace the test or whether Kat Von D’s victory would stand.The full US Court of Appeals for the Ninth Circuit appears willing to reconsider a copyright test that leaves the overall similarity assessment largely to juries, lawyers who followed an en banc hearing last week said Thursday....
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