In this week's episode, Copyright Tests, Fake Kodak CFExpress cards, Ricoh talks about their GR Series and Fujifilm has a new video capable Instax Evo camera.
Show Notes
Welcome back to the show, Liam here and this is Episode 488 of the Liam Photography Podcast for the week of January 8th, 2026. This week, Copyright Test, Fake Kodak Cards, Ricoh GR Series and more.
An appeals court upheld a verdict clearing celebrity tattoo artist Kat Von D of copyright infringement over her use of a photographer’s image of Miles Davis. However, two judges used the ruling to question whether the long-standing legal test for determining when one creative work copies another remains valid.
In July, photographer Jeffrey Sedlik asked the US Court of Appeals for the Ninth Circuit to erase the 2024 jury verdict that Von D’s tattoo — partly traced from his photo of the jazz legend — wasn’t similar enough to be considered copyright infringement.
In 2021, Sedlik filed a first-of-its-kind lawsuit accusing Von D of infringing on his copyright by using his iconic 1989 photo of Davis for a tattoo on her friend Blake Farmer — that she inked free-of-charge for him.
On January 2, the Ninth Circuit declined to overturn the jury’s decision, writing that doing so would require the judges to replace the jurors’ judgment with their own, something the court says it “cannot do.” As a result, the verdict in Von D’s favor remains in place.
However, the ruling went further than a simple affirmation. Two judges on the panel issued separate concurring opinions agreeing with the outcome in Sedlick’s copyright case but strongly criticizing the legal test that led to it. Both judges questioned whether the Ninth Circuit’s decades-old “intrinsic test,” also known as the “total concept and feel” test, should continue to be used at all.
The “total concept and feel” test asks whether two works appear so similar overall that an ordinary person would think one was copied from the other. Rather than comparing specific elements in detail, the test focuses on the overall impression of the works, such as their mood, style, and general appearance.
According to a report by Copyright Lately, Judges Kim Wardlaw and Anthony Johnstone each wrote concurring opinions, and joined one another’s reasoning, arguing that the intrinsic test is deeply flawed. Judge Wardlaw writes that the test should be reconsidered entirely, while Judge Johnstone concludes that “a test that produces such a result cannot be right.”
Judge Wardlaw explains that the test offers juries very little guidance. Because expert testimony is not allowed and detailed analysis is discouraged, jurors must decide complex questions — such as how similar a photograph and a tattoo are in Sedlick’s case — without clear instructions on how to separate protectable creative choices from elements that cannot be copyrighted, like a person’s facial features or pose.
She adds that this problem can place copyright holders at a disadvantage. An ordinary observer may assume that works created in different media, such as a photograph and a tattoo, will naturally feel different, even if meaningful copying of expressive elements has occurred. This is especially difficult when a photographer’s originality lies in subtle choices involving lighting, angle, or composition applied to a human subject.
Judge Johnstone writes that the test has become “standardless” and largely unworkable over time. He traces its origins to earlier Ninth Circuit cases and explains that it was originally meant to protect creative combinations of unprotected elements. In his view, that purpose has eroded, making it extremely difficult for copyright holders to succeed even in strong infringement claims.
Copyright Lately reports that Sedlik will “almost certainly” seek en banc review, which would mean asking a larger group of Ninth Circuit judges to rehear the case because of its broader legal importance. The publication notes that whether the full court will agree to take the case is uncertain.
While the verdict in Von D’s favor stands in Sedlik’s case, Copyright Lately describes the decision as a potential turning point. The news outlet notes that many copyright scholars have long criticized the “total concept and feel” test as an unreliable way to assess infringement. With two Ninth Circuit judges now expressing those concerns in published opinions, the case highlights growing pressure to rethink how courts evaluate similarity in copyright cases.
It’s no secret that Eastman Kodak will license its branding to pretty much anyone and one recent example of this is a series of Kodak-branded storage and memory products. They promise some very impressive performance at a fraction of the cost of major brands, so what’s the catch?
I first came across these memory cards on Threads, where photographer Gene Perez said he picked one up because the price was just so appealing.
These Kodak-branded cards are very affordable, so I can understand why he was willing to give them a shot. Plus, even though Kodak obviously isn’t manufacturing memory cards, there is something to be said about the brand name and the trust it carries — despite the fact it is pretty well-known that the brand is licensed out like we give out candy on Halloween.
These cards are available on Amazon, Walmart, and Wish (that’s a red flag straightaway; more on that later) and the 1TB version is just $179. To put that in perspective, Pergear’s 1TB CFexpress card is $257 (and that’s a bargain brand) while Lexar and Delkin Devices ask $450. OWC Atlas Ultra and ProGrade Digital cards cost $480. Going with Kodak — or, at least what appears to be Kodak — means being able to buy two or three cards for the price of one from the competition.
Part of the reason these cards are so much cheaper is likely due to the dated format they’re using. Looking at the peak speed performances they promise — 1,800 MB/s read speeds and 1,400 MB/s write speeds — the Kodak cards are operating on the older CFexpress 2.0 specification. Still, since no camera is currently equipped with CFexpress 4.0 contacts (the speed boost from 2.0 to 4.0 only applies to memory card readers attached to a computer), that probably doesn’t matter to many who would use them.
With the price as low as it is, it probably sounds too good to be true — and there is reason to believe that it is. To understand that, though, it’s important to first dig through the nesting doll company situation that these cards are created under. Firstly, Dexxon in France is the company with the license to the Kodak brand name for memory products. Dexxon then appears to have sub-licensed it to Futurepath Technology, a Shenzhen, China-based memory manufacturer.
The good news is that Futurepath Technology is a proper Compact Flash Association (CFA) member, meaning they have access to the right licenses and technology to legitimately manufacture cards.
The bad news is that the company isn’t playing by all the rules of that relationship.
While it doesn’t apply to its CFexpress Type B cards, Futurepath Technology is labeling its Type A cards with the Video Performance Guarantee (VPG) logo, advertising them as VPG200 verified. That is a lie, as there is no reference to Futurepath, Dexxon, or Kodak on the approved VPG list and the CFA confirms to PetaPixel that it has no record of any of those brands even applying for VPG verification.
This is exactly the same shady behavior that PetaPixel pointed out two years ago, where brands were faking the firmware flag for VPG200 to trick Sony cameras into thinking they had gone through the proper channels when they in fact had not. Remember, Sony requires VPG200 verification to access certain video modes on certain cameras, so many brands were faking this flag to avoid going through proper verification, which is time consuming and required that the cards actually perform in extreme circumstances. By skipping this step, the cards could be sold for much cheaper and their performance isn’t actually guaranteed.
And when these cards fail, good luck getting any recompense or even a response from the parent companies.
Six months after PetaPixel‘s report on fake VPG verification, the industry largely cleaned up. Still, there are outliers and Kodak is among them. Memory brands, specifically those in China, regularly try and skirt the rules. Lying to customers is worth it to make a buck, apparently.
Perez says that in his limited testing, he hasn’t found any issues with the Kodak-branded CFexpress Type-B cards, and that tracks. In his Nikon ZR camera, it’s unlikely that he is pushing these cards to the limit. Beyond that, cards like these Kodak-branded ones will unlikely fail up front. Instead, it is more likely that they will not last as long, failing a photographer or filmmaker after being used for a few months or a year.
Failures can be as hard to spot as a dropped frame or two in high-framerate video clips to catastrophic full-on card failure that locks a user out of access to anything on it. Given the low price and the demonstrated willingness to straight-up lie to consumers, it’s very unwise to put faith in cards like this.
I said before that Kodak cards being available on Wish was a red flag, and that’s because the memes around Wish are memes for a reason: that’s not a reputable place to buy anything.
If a company is willing to lie about VPG verification, you have to ask yourself what else it’s willing to lie about and what other corners it is cutting to get its asking prices down to a fraction of the competition.
It never ceases to amaze me how often photographers and videographers will purchase a nice, high-end camera and then proceed to put in the cheapest memory card they can find into it and cross their fingers. Memory is the single most important aspect of any camera system and yet photographers will regularly choose to cheap out on that aspect straightaway. It’s maddening.
Your camera is only as good as what it is recording to. I get trying to save money, but if you’re going to spend the cash on a nice camera, spend the requisite amount to make sure you can actually keep what it records.
Ricoh Imaging approaches the design of its camera series with a very specific set of principles. That’s why the general look, feel, and function of the GR series of cameras hasn’t dramatically changed over the years.
Talking with Ricoh Imaging President Yasutomo Mori and Kazunobu Saiki, General Manager of Ricoh Imaging’s Camera Business Division, it’s clear those principles will not be sacrificed.
“Our principles for GR are the golden rules,” Saiki says, speaking to PetaPixel at the GR Space in Brisbane, Australia. “One, GR should always be with you. That is compactness: pocketability. Two, Quick response. GR should always capture what you want. Three, GR should have high image quality. And the fourth principle is ‘evolving.’ So, as long as the first three principles are kept, we always want to add something new. One of the GR IV’s evolutions is the connectivity with GR World, the new app that will provide additional value-adds.”
Saiki says these principles are hard and fast, and the company won’t stray from them: “We don’t soften on these rules.”
Still, Ricoh listens to feedback and tries to do its best to balance customer desires with its core principles.
“We have many, many events where we get to listen to our end users and we get a lot of comments including criticisms and complaints as well as a lot of appreciations,” Saiki says, adding that the GR Spaces around the world are especially helpful for speaking with end users.
It is through these conversations that Ricoh receives feedback on what users think the company should change about a GR camera, especially over the last few years where the expectation of the GR IV launch was reaching a fever pitch. Of those, photographers most often asked for three things: weather sealing, a flash, and a viewfinder.
But to address these issues, Ricoh GR would have to compromise on one of the major design principles: compactness.
“To be frank, we tested weather sealing before starting the GR IV development but that definitely makes the model bigger. Additionally, sealing materials trap heat inside the camera, making heat management another challenge. To address this, we would then have to make the camera bigger or reduce the speed at which the camera can capture photos. Both of those are against our concept of snap shooting. In that way, we are trying to balance customer demands but we always give priority to keeping our GR concept.”
The same can be said of a viewfinder.
“We understand that users want a viewfinder, and we recognize that this is a good idea, but we have chosen to stick to our principles and not change our concept. If we decided to add a viewfinder, the camera would become bigger,” Saiki explains.
When it comes to a flash, Ricoh Imaging made sure to address concerns regarding the GR IV’s ability to shoot in low light and expanded expression capabilities with an optional flash.
“Shooting performance under dark conditions is much improved on the GR IV because the SR function is much more accurate — by two exposure value levels. So this is okay, but still, people still want to have a flash,” Saiki says.
To that end, Ricoh Imaging worked hard to create a compact external flash that would allow photographers to enjoy the unique look of flash photography without compromising the compactness principle.
“If we allow ourselves to make the camera a bit bigger, we can do many things. But we don’t prioritize that because GR should always be with you and compactness is key to that,” Saiki says.
So while Ricoh Imaging does plan to continue to evolve the GR, the eventual GR V will only change insofar as it abides by the four principles Saiki outlines. That means that there are many aspects of the Ricoh GR that photographers can expect will never change — and to Ricoh Imaging, that’s a good thing.
Fujifilm Japan has announced the Instax Mini Evo Cinema camera, a unique take on the Evo series that focuses on capturing short videos but also combines that with the ability to shoot photos and make prints.
The Evo series is Fujifilm’s combination of digital and instant print cameras. Previous iterations allowed photographers to take digital photos and print them out of the camera, which is basically the same experience as a standard instant camera. The difference is that because it’s a digital sensor, the photos it produces are more akin to a digital photo printer than, say, a Polaroid and therefore generally allow it to connect to a smartphone and print photos from a user’s camera roll, too.
The Evo Cinema camera takes the next logical step in leveraging that digital sensor by making video an option.
“The mini Evo Cinema can capture both still images and videos. It converts captured video data into a QR code and creates an Instax print together with a still image cut out from the video, allowing users to ‘hand over a video,'” Fujifilm Japan explains. “By turning videos into Instax prints, users can not only preserve memorable moments spent with loved ones in tangible form, but also easily revisit the video anytime via the QR code.”
By holding down a trigger located on the camera handle, users can record video clips separately until a full 15-second clip is created. The camera can then print a photo with a QR code on it, which, when scanned, takes the viewer to a webpage to view the whole clip.
Because video is a major feature of this camera, the body features a vertical grip design that the company says is inspired by the Fujica Single-8 camera that was originally introduced in 1965.
On the side of the camera is a dial that Fujifilm calls the “Eras Dial,” which the company says changes the effect of the video captured to one that is inspired by those particular periods of time. Each effect has 10 adjustable levels, offering a total of 100 possible expressions, the company says.
“These effects capture the unique flavor of each era, letting users shoot extraordinary, special videos and still images with a sense of time travel,” Fujifilm adds.
And, as with other Evo cameras, the mini Evo Cinema also functions as a smartphone printer. Fujifilm is also releasing a dedicated app for the new camera that allows clips to be combined into a maximum 30-second clip, as well as add other effects (such as text) to prints.
The Mini Evo Cinema camera includes the main camera body, a viewfinder attachment, a grip attachment (to make it easier for those with larger hands to hold), and a camera case. The camera will be available in Japan starting January 30, 2026. Pricing and international release windows were not revealed.
It’s 2026, and Canon has been making full-frame EOS R-series mirrorless cameras since 2018. That has not stopped Chinese lens company Meike from releasing a new 85mm f/1.8 Mark II lens for Canon EF-mount DSLR cameras, which seems strange at first glance, but is actually a clever way to bypass Canon’s restrictions on third-party full-frame RF lenses with autofocus.
Compared to the original 85mm f/1.8 SE Mark I, released in 2018, the new Meike 85mm f/1.8 II promises improved image quality, faster autofocus speed, a closer minimum focusing distance, and reduced chromatic aberrations. In fact, the new EF lens makes all the same promises and offers the same features as the Meike 85mm f/1.8 II lens released for full-frame Sony, Nikon, and L-Mount cameras in November.
The lens weighs about 346 grams (12.2 ounces), accepts 62mm filters, has an 11-bladed aperture diaphragm, and can focus as close as 0.65 meters (2.1 feet). The Meike 85mm f/1.8 II features 11 elements arranged across seven groups.
Canon mirrorless owners were, of course, left out of the equation in November. Canon has infamously restricted its Canon EOS R system, preventing third-party full-frame RF-mount lenses from having autofocus. Meike has barked up this tree before with its 85mm f/1.4 portrait prime in 2023, but the attempt ultimately failed. PetaPixel even got its hands on some of these banned lenses.
While Canon relented and has allowed third-party AF lenses for APS-C cameras into the market, it has remained steadfast in its refusal to permit full-frame lenses.
Instead of trying the same thing it did in 2023 with the 85mm f/1.4 lens, Meike is taking a different tack with its redesigned 85mm f/1.8 II prime for mirrorless cameras. Instead of making the lens in RF mount, the company is releasing it for Canon EF DSLR cameras but heavily advertising its EF-to-RF adapter, which not only includes a Control Ring, like Canon’s own RF lenses, but enables autofocus capabilities on full-frame Canon mirrorless cameras. Restrictions be damned.
The Meike 85mm f/1.8 II for Canon EF mount costs $229.99, just like its mirrorless siblings. However, available bundles with the MR-EFTR-A or MR-EFTR-B adapters increase the price to $239.99 or $269.99, respectively. The cheaper MR-EFTR-A adapter is an ordinary adapter sans Control Ring and supports only automatic exposure, auto aperture, and autofocus. The pricier, though still just $40, version includes a Control Ring and adds image stabilization support and EXIF transmission.
Meike may not show its new lens actually mounted to a Canon EOS R-series mirrorless camera, but it’s very clear what the goal is here, and it will be fascinating to see how the strategy is received by other lens makers and by Canon itself.
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