How “Total Concept and Feel” Became Copyright Doctrine - Intellectual Property

How “Total Concept and Feel” Became Copyright Doctrine - Intellectual Property

Bruce E. Boyden, The Grapes of Roth, 99 Wash. L. Rev. 1093 (2024). Michael W. Carroll In Sedlik v. von Drachenberg, the jury had to decide whether a tattoo featuring Miles Davis was substantially similar to the photograph on which the tattoo was based. To do so, the court instructed the jury to exclude from consideration either work’s concept1 but to then to make “a holistic comparison that focuses on whether the works are substantially similar…