SUMMARY
The US Ninth Circuit Court of Appeals will hold an unusual en banc hearing to review a copyright case involving photographer Jeffery Sedlik and tattoo artist Kat Von D. The dispute centers on whether a tattoo of Miles Davis, copied from Sedlik's 1989 photograph, infringes copyright. The case challenges the long-standing "intrinsic test," which determines copyright infringement based on whether an ordinary person would perceive the two works as having the same "total concept and feel." While a previous panel sided with Von D, judges questioned the intrinsic test's subjective nature, prompting the full court's review.
TAKEAWAYS
A photographer's copyright dispute with tattoo artist Kat Von D is heading to an en banc hearing.
The case questions the validity of the nearly 50-year-old "intrinsic test" for copyright infringement.
An en banc hearing involves the entire bench of judges, making it a rare and significant event.
The "intrinsic test" relies on subjective perception of "total concept and feel" rather than objective similarity.