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‘Flawed’ intrinsic test for copyright claims on the ropes in US circuit court

By Melissa Ritti ( January 5, 2026, 21:20 GMT | Insight) -- A separate Ninth Circuit requirement that copyright holders must show similarities in the "total concept and feel" of their work and that of an unauthorized copy has torpedoed countless allegations of infringement. Last week, two members of that court — which debuted the test almost a half-century ago — called for its abandonment.A jury win for Katherine Von Drachenberg, better known as Kat Von D, on allegations she infringed a copyrighted photograph of Miles Davis when tattooing the image on the arm of a friend has been upheld....

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