2nd Circ. Won't Say If Skin Is Copyright's 'Tangible Medium'

By Bill Donahue (June 9, 2020, 3:25 PM EDT) -- The Second Circuit is refusing to wade into a "lively academic debate" over a novel question: whether human skin can be the kind of "tangible medium of expression" required for copyright protection.

In a ruling Monday in a case that accused cosmetics giant Shiseido of improperly copying a makeup artist's work in its promotion of a new line, the appeals court declined to decide the tricky issue.

"To our knowledge, no federal appeals court has addressed whether a human body part may qualify as a 'tangible medium of expression' for copyright purposes," the court wrote.

"This question appears in fact to...

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