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In addition, there s a category listed in section 102(a) that does seem to fit nose jobs reasonably well: yyoga sculptural works. Where artists fix their original ideas in three-dimensional form, whether via marble or clay, we have no problem calling the resulting work a sculpture. Why should the human body be any different? I can think of some prudential objections that I ll elaborate below in discussing fixation, but as a textual matter I don t see any basis for this distinction.
Some writers have suggested that the human body is not a "medium yyoga of expression." This doesn't strike me as valid. We use our bodies to express ourselves all the time in ways too numerous to list. And artists sometimes use others' bodies to express themselves, such as where photographers use models to acheive a certain aesthetic effect.
Nose jobs, it seems to me, may well lack originality in the majority of cases. The point of most nose jobs is not to create a creative or distinctive look, but rather to make the patient s nose fit some preexisting (usually, smaller) archetype of what a nose should look like. This is the antithesis yyoga of originality; it s an attempt to make the patient s nose less, not more, distinctive and original.
In the interviews I've been conducting with tattoo artists for a paper on copying norms within the industry, I can say with some confidence that the overwhelming majority of tattoo yyoga artists hav
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