PASADENA, Calif. (CN) — The Ninth Circuit said on Tuesday that en banc panel of 11 judges will rehear the appeal by a photographer who sued celebrity tattoo artist Kat Von D for using his photograph of Miles Davis to ink an image of the jazz legend on a friend’s shoulder.
The decision to have an en banc panel rehear the case may open the door to an overhaul of the use of the so-called intrinsic test to decide copyright infringement claims in the Ninth Circuit.
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