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.
