To determine whether there is "substantial similarity" between contesting works in copyright infringement cases, federal courts within the U.S. Court of Appeals for the Ninth Circuit use a two-step analysis: first an "extrinsic" test based on objective criteria that includes testimony from experts; followed by a subjective, non-expert "intrinsic" test from the perspective of an "ordinary reasonable observer."
Ninth Circuit Focuses On Extrinsic Test In Ruling On Choreography Copyright
Reversing and remanding, the Ninth Circuit emphasized: "The district court's approach of reducing choreography to 'poses' is fundamentally at odds with the way we analyze copyright claims for other art forms, like musical compositions."
By
Stan Soocher
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