Cosmetic differences – Copyright Act preempts state law claims over makeup artistry

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Abstract: To qualify for copyright protection, works must be “fixed in a tangible medium of expression.” Does human skin count as a tangible medium of expression? The U.S. Court of Appeals for the Second Circuit considered that question in a recent case — but in the end held off on a decision. This article reviews the court’s decision to find a different basis for ruling against the plaintiff. Mourabit v. Klein, No. 19-2142, June 8, 2020, 2d Cir.