Choreographer and Epic Games settle dance emote dispute in Fortnite

In a landmark case for intellectual property rights, choreographer Kyle Hanagami has settled a lawsuit against video game giant Epic Games, resolving a dispute over the use of his dance moves in the popular game Fortnite. This settlement marks a significant development in the ongoing debate about copyright protection for choreography in the digital age, where virtual avatars can replicate and monetize real-world dance routines.

The legal battle began in March 2022 when Hanagami, known for his work with celebrities like Justin Bieber and BTS, accused Epic Games of infringing his copyright by incorporating elements of his registered choreography into an emote sold within Fortnite. Emotes are virtual animations that players can purchase to express their characters’ emotions and perform specific actions. In this case, the emote in question, titled “It’s Complicated,” bore striking similarities to a dance routine Hanagami had created for a Charlie Puth song.

Initially, Hanagami’s claim faced an uphill battle. Courts have traditionally been hesitant to extend copyright protection to short choreographic works, often viewing them as mere collections of unprotectable “poses” and lacking the originality and complexity required for copyright. In August 2022, a federal judge dismissed the case, ruling that the copied elements in the emote were too brief and lacked sufficient creative expression.

However, Hanagami’s case took a dramatic turn in November 2023 when the U.S. Court of Appeals for the Ninth Circuit overturned the previous decision. The appeals court argued that the judge had erred by analyzing individual dance moves in isolation. Instead, they emphasized the need to assess the choreography as a whole, similar to how courts evaluate the originality of music.

This shift in legal perspective proved crucial for Hanagami’s case. The appeals court’s decision paved the way for a potential jury trial, where the choreographer could argue for the originality and protectable nature of his work. While game developers like Epic Games benefit financially from offering emotes, the original creators of these dances often receive no compensation.

While dance moves often contribute significantly to cultural trends and individual artistic expression, the legal framework hasn’t always kept pace with the rapid evolution of digital content.