Ninth Circuit Indicates Willingness to Change Substantial Similarity Test for Copyright Infringement

The United States Court of Appeals for the Ninth Circuit recently acknowledged criticisms of the “total concept and feel” test for substantial similarity in copyright infringement.

9 minute read February 01, 2026 at 12:07 AM

Catherine Nyarady and Crystal Parker

Ninth Circuit Indicates Willingness to Change Substantial Similarity Test for Copyright Infringement

The United States Court of Appeals for the Ninth Circuit recently acknowledged criticisms of the “total concept and feel” test for substantial similarity in copyright infringement.

This premium content is locked for The Intellectual Property Strategist subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN The Intellectual Property Strategist

Stay current on the latest information, rulings, regulations, and trends
Includes practical, must-have information on copyrights, royalties, AI, and more
Tap into expert guidance from top entertainment lawyers and experts

Subscribe Now

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

Continue Reading

Is Your Law Firm’s AI Ready for Answer Engines and Clients?

AI claims are getting more scrutiny and regulators are looking more closely at whether organizations can substantiate what they say their AI does, while courts are beginning to address what happens when AI-generated search summaries get information wrong.

November 01, 2026

Lawsuit Over Carl Sagan’s “Iconic” Saying Evokes Right of Publicity Issues That Are Becoming Common Amid AI Boom

A recent lawsuit claims that an “iconic” saying about the universe and apple pie is as strongly linked with astronomer Carl Sagan as the act of turning letters in a gown is with Wheel of Fortune co-host Vanna White.

November 01, 2026

When AI Agents Trigger a Crisis, Part 2: Before the Agent Acts

This is the second in a two-part series on AI-driven crises. Part 1 examined communications during an incident while the facts are still developing. Part 2 addresses crisis plans, governance and tabletop exercises before an agent acts on behalf of the business.

November 01, 2026

Who Owns the Code? Closing IP and Founder Equity Gaps Before Venture Diligence Finds Them

This article walks through where intellectual property ownership gaps come from, how they surface in diligence and why they are so often tied to the way founder equity is structured.

November 01, 2026

Advertise with Us Customer Support Terms of Service