What's Happening?
The Ninth Circuit Court has revived a copyright lawsuit filed by choreographer Kyle Hanagami against Epic Games, the developer of Fortnite. Hanagami claims that Epic Games infringed on his copyrighted choreography for the song 'How Long' by Charlie Puth by using it in a Fortnite emote called 'It's Complicated.' The lawsuit was initially dismissed by the Central District of California, which ruled that the dance moves were not substantially similar to Hanagami's work. However, the Ninth Circuit found that the district court erred in its analysis, noting that choreography should be considered as a coherent whole rather than a series of individual poses. This decision marks a significant development in the legal recognition of choreographic works under copyright law.
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Why It's Important?
This ruling is significant as it sets a precedent for how choreographic works are treated under copyright law, potentially expanding protections for choreographers. The decision could impact the video game industry, particularly games like Fortnite that use dance moves as purchasable in-game items. If Hanagami's case is successful, it may lead to more choreographers seeking legal action against companies that use their work without permission, potentially altering how digital content is created and monetized. This case highlights the ongoing tension between creative industries and digital platforms over intellectual property rights.
What's Next?
The case will return to the lower court for further proceedings, where Hanagami will have the opportunity to prove his claims of copyright infringement. The outcome could influence future legal battles over digital content and intellectual property, particularly in the gaming industry. Stakeholders, including other choreographers and digital content creators, will be closely watching the case as it could redefine the boundaries of copyright protection for dance and other forms of creative expression.
