9th Circ. Copyright Ruling Highlights Doubts On Intrinsic Test

The U.S. Court of Appeals for the Ninth Circuit’s Jan. 2 decision in Sedlik v. Von Drachenberg — the long-running copyright dispute arising from tattoo artist Katherine Von Drachenberg’s rendering of a photograph of Miles Davis captured by photographer Jeffrey Sedlik — may mark an inflection point in the court’s substantial-similarity jurisprudence. Originally published in Law360 - January 15, 2026.... By: Troutman Pepper Locke