Ninth Circuit Judges Ruminate on Viability of “Total Concept and Feel Test” In Copyright Infringement Case Over Miles Davis Tattoo

The U.S. Court of Appeals for the Ninth Circuit recently acknowledged criticisms of the “total concept and feel” test for substantial similarity in copyright infringement. This judicial recognition of mounting criticism of the influential test appears to invite a challenge to overrule it in favor of a new test.

7 minute read February 01, 2026 at 12:09 AM
By
Catherine Nyarady and Crystal Parker
Ninth Circuit Judges Ruminate on Viability of “Total Concept and Feel Test” In Copyright Infringement Case Over Miles Davis Tattoo

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

In Sedlik v.

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