Ninth Circuit urged to scrap “flawed” copyright infringement test in Miles Davis tattoo case
Professional photographer Jeffrey Sedlik is calling for the Court of Appeals to overturn a decades-old and widely criticised test for substantial similarity.
WTR (Paywall)
Google AI
Photographer Jeffrey Sedlik has petitioned the Ninth Circuit to overturn its “extrinsic-intrinsic” test for copyright infringement following a ruling in favor of Kat Von D, arguing the standard is flawed and subjective. The petition, supported by judicial criticism calling the test “standardless,” seeks to replace it with an objective analysis. Read the full analysis at World Trademark Review.
