In a non-precedential ruling, the US Court of Appeals for the
Second Circuit affirmed the dismissal of a makeup artist's
lawsuit filed against a fashion photographer, finding the
plaintiff's state unjust enrichment and unfair
competition/misappropriation claims were preempted by the Copyright
Act. Sammy Mourabit v. Steven Klein, Case No. 19-2142-cv
(2d Cir. June 8, 2020) (Summary Order).
In 2013, Sammy Mourabit was the makeup artist for a W
Magazine editorial shoot featuring actress Juliette Lewis and
photographed by Steven Klein. Two years later, photographs from the
W Magazine shoot were used in connection with Klein's
collaboration with a cosmetics company. Mourabit was not credited
for the makeup in the cosmetics campaign, which instead implied to
consumers that Lewis's makeup look had been created by an
artist affiliated with the cosmetics brand.
