Written by Eleanor Lackman In the coming months, the Ninth Circuit en banc will decide Sedlik v. von Drachenberg, a relatively straightforward infringement case that asks whether a tattoo copied from a photograph of Miles Davis was substantially similar in protected expression to the photograph. The jury found that the tattoo was not substantially similar. The admitted copying and the jury’s widely questioned finding of … Continue reading No Longer Inked in the Law? Sedlik v. von Drachenberg Challenges the Ninth Circuit’s Test for Substantial Similarity