The Briefing: Kat Von D, Miles Davis, and the Possible Death of the Intrinsic Test?

When a jury says two works are usually not considerably comparable, is that the top of the story? On this episode of The Briefing, Weintraub Tobin companions Scott Hervey and Richard D. Buckley, Jr. break down the Ninth Circuit’s choice arising from the Kat Von D tattoo of an iconic Miles Davis {photograph} and why it might sign the start of the top for the intrinsic check in copyright regulation.

On this episode, they cowl:

How the Ninth Circuit’s two-part substantial similarity check works

Why the jury’s discovering was practically inconceivable to overturn on enchantment

The concurring opinions calling the intrinsic check legally incoherent

How different circuits analyze substantial similarity in another way

What a reworked check may seem like going ahead

Whether or not you’re a creator, lawyer, or rights holder, this case highlights a possible turning level in how courts consider copyright infringement.

Watch this episode on YouTube or hearken to the podcast right here.

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