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The court sided with the dancer, who demands recognition of copyright.
This week, the legal debate surrounding Fortnite dance moves has taken a new turn. The U.S. Court of Appeals has ruled that the decision to dismiss a lawsuit filed earlier by professional choreographer Kyle Hanagami against Epic Games, the creator of the popular game Fortnite, is unjustified.
Initially, the lower court argued that the choreographic movements that are presented in the game consist of separate poses, which, considered separately, cannot be protected by copyright. However, the Court of Appeal refuted this conclusion, saying that looking at choreography as a simple combination of poses is the same as considering a piece of music as a simple set of notes.
The judicial panel stressed that a choreographic work is not just about poses. This is a complex composition that includes body position, shape, actions, transitions, timing and many other elements, each of which contributes to the overall impression of the work. It was on the basis of this argument that the court concluded that the choice and combination of various elements of Hanagami's choreography could have been significantly similar to what was presented in the game Fortnite.
According to Hanagami's lawyer, David Hecht, the decision could set an important precedent for choreographers rights in the digital age, when short videos are becoming increasingly popular. He also added that Hanagami is looking forward to continuing the lawsuit against Epic Games. The lawyer also presented a video on YouTube that clearly shows the similarity of Hanagami movements and dances in Fortnite.
Comparison of choreographer's movements and dances in Fortnite
Now that the case has returned to the District Court, it is expected that a more in-depth investigation will be conducted into the extent to which a choreographic work can benefit from copyright protection.
This week, the legal debate surrounding Fortnite dance moves has taken a new turn. The U.S. Court of Appeals has ruled that the decision to dismiss a lawsuit filed earlier by professional choreographer Kyle Hanagami against Epic Games, the creator of the popular game Fortnite, is unjustified.
Initially, the lower court argued that the choreographic movements that are presented in the game consist of separate poses, which, considered separately, cannot be protected by copyright. However, the Court of Appeal refuted this conclusion, saying that looking at choreography as a simple combination of poses is the same as considering a piece of music as a simple set of notes.
The judicial panel stressed that a choreographic work is not just about poses. This is a complex composition that includes body position, shape, actions, transitions, timing and many other elements, each of which contributes to the overall impression of the work. It was on the basis of this argument that the court concluded that the choice and combination of various elements of Hanagami's choreography could have been significantly similar to what was presented in the game Fortnite.
According to Hanagami's lawyer, David Hecht, the decision could set an important precedent for choreographers rights in the digital age, when short videos are becoming increasingly popular. He also added that Hanagami is looking forward to continuing the lawsuit against Epic Games. The lawyer also presented a video on YouTube that clearly shows the similarity of Hanagami movements and dances in Fortnite.
Comparison of choreographer's movements and dances in Fortnite
Now that the case has returned to the District Court, it is expected that a more in-depth investigation will be conducted into the extent to which a choreographic work can benefit from copyright protection.