Ninth Circuit Refuses to Adopt “Ordinary Observer” Test for Substantial Similarity and Copyright Infringement
The IP Law Blog
DECEMBER 2, 2021
The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead. In Johannsongs-Publishing, Ltd.
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