Second Cir. Punts on ‘Tangible Medium’ Issue for Skin Copyright

A makeup artist’s state law claims based on the alleged misuse of his work in a photo of actor Juliette Lewis was preempted by the Copyright Act, the Second Circuit said Tuesday. But it declined to address the novel question of whether human skin is a “tangible medium of expression” for copyright purposes.

The court said Sammy Mourabit’s artistry was “fixed” in the photograph regardless of whether it was “‘fixed’ in Lewis’s face for copyright purposes.”

Mourabit did Lewis’s makeup for a fashion photoshoot shot by Steven Klein. Shiseido Inc. used one of the photos to advertise a new makeup ...