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In a recent ruling by the US Court of Appeals for the Ninth Circuit, Epic Games Inc. is set to face a legal challenge from choreographer Kyle Hanagami over the alleged unauthorized use of the “It’s Complicated” dance move in their popular video game, Fortnite. The court overturned a previous decision by a lower court, asserting that the two-second sequence, which was reduced to eight unprotectable “poses,” is not too short to warrant copyright protection.
New Legal Precedent for Choreography
This groundbreaking decision establishes new legal principles in choreography and copyright law. The court emphasized that brevity alone does not invalidate a copyright claim, challenging the notion that short dance sequences are inherently unprotectable. The ruling paves the way for choreographers to assert copyright claims against relatively brief instances of infringement.
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The Complexity of Dance as Art
Despite its brevity, the court acknowledged that the “It’s Complicated” dance move exhibited more complexity than other short dance steps. It highlighted various elements, such as body position, shape, actions, transitions, use of space, timing, pauses, energy, canon, motif, contrast, and repetition, which the lower court had overlooked. This recognition reinforces the idea that choreography combines protectable elements like other art forms.
Evolving Challenges in the Age of Social Media
The legal battle reflects the evolving landscape of dance and choreography in the digital age, with short dance moves gaining popularity on platforms like TikTok and within video games like Fortnite; the case is seen as a response to the challenges of defining what constitutes protectable or infringing choreography in contemporary culture.
Previous Lawsuits and Industry Implications
Epic Games has previously faced legal challenges over emotes in 2018 and 2019, successfully defending against complaints from other parties. Musicians 2 Milly and actor Alfonso Ribeiro dropped their suits after the Copyright Office refused to register their respective dance moves. However, Hanagami, having successfully registered a copyright for the choreography in question, now has the opportunity to reassert his claim under the court’s revised parameters.
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The Impact on Video Game Industry Practices
Legal experts suggest that the Ninth Circuit’s ruling could have broader implications for the video game industry, particularly regarding incorporating dance moves. The decision prompts video game companies to reconsider using short, choreographed routines and raises questions about the need for longer sequences to avoid copyright infringement.
Potential Ramifications for Choreographers
The ruling provides choreographers with increased leverage in protecting their intellectual property. Intellectual property attorney David Bea sees this as a positive development for choreographers, noting the historical lack of recognition for choreography in copyright law.
Future Considerations and Legal Analysis
Legal experts anticipate that the case will prompt further discussions on the boundaries of copyright protection in choreography. The complexity of delineating between protectable and unprotectable elements remains an open question. The legal community awaits the lower court’s reassessment of the case, which could provide valuable insights into the evolving recognition of dance as a respected art category under the law.
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