En Banc 9th Circ. Mulls Copyright Test Change In Tattoo Case
By Craig Clough ( September 29, 2026, 10:59 PM EDT) -- Counsel for a photographer who lost at trial over claims that a Kat Von D tattoo infringed his copyrighted photo of Miles Daves urged an en banc Ninth Circuit panel Tuesday to end the circuit's use of a subjective "intrinsic" test for juries to determine substantial similarity. ...
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