A tangible medium? Fixed in Ham? I really don't understand the model-permission business. Must I indeed have permission from each person in a photograph in order to snap the shot? If so, then, the copyrightability of his facial expression, is somewhat moot since permission to photograph him would imply permission to photograph whatever expression happens to be on his face. I could imagine someone like Jimmy Durante claiming trademark on a facial expression, but don't know if such has ever happened.