Copyright Protection For Dance Routines Choreographer, Kyle Hanagami vs Epic Games, the creator of Fortnite.
Copyright Protection For Dance Routines
On November 1st, a federal appeals court made a groundbreaking ruling on copyright protection for dance routines, reviving a case that accuses Epic Games, the creator of Fortnite, of stealing copyrighted dance moves from choreographer Kyle Hanagami. Kyle Hanagami is known for his work with BTS, Jennifer Lopez, Justin Bieber, and Britney Spears.
The court overturned a previous decision that had dismissed the lawsuit, stating that dance copyrights should be analyzed holistically, similar to how music copyrights are considered.
The ruling does not determine the outcome of the case but allows it to proceed in a lower court, potentially leading to a trial. This decision has significant implications for choreographers and creatives in the digital media age.
The case revolves around Hanagami’s claim that Epic copied his dance routine for a Fortnite “emote” without permission, and the ruling could impact similar cases involving dance moves in video games.
Decision by U.S. District Judge in 2022
In 2022, Hanagami’s case was dismissed by a U.S. District Judge in August, ruling that the ’emote’ comprised only a ‘small component’ of the choreography and that Hanagami lacked protection for individual ‘poses.’
The U.S. District Judge, Stephen Wilson, granted Epic Games’ motion to dismiss the suit; stating that ‘the two works contain a series of different poses performed in different settings and by different types of performers. For instance, Hanagami’s dance is performed by humans in the physical world, whereas Epic Games’ emote featured animated characters in a virtual world. Judge Wilson also ruled that the entire five-minute dance was copyrighted, not the disputed four-count routine, which he implied were ‘simple routines’ and could not be covered by copyright law.
You can watch the comparison video prepared by Kyle Hanagami’s attorney here:
Fun facts:
The disputed dance move mentioned above can be purchased by players in Fortnite as their digital avatars at the cost of US$5, and this emote is available to more than 350 million registered players worldwide!
Can you imagine how much profit Epic Games could potentially make by adapting Kyle Hanagami’s work? Dance routines are artistic work of creative person. It is not fair to focus only on the amount
What do you think, and which team are you on?
We are definitely on Team Hanagami.
Moral of the story, protect your work.
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First-of-its-kind ruling on copyright protections for dance routines by Federal Appeal Court
Sources: Courthouse New Services , Billboard.com , Youtube