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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
By
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.

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