IP
Revolution in Copyright Law: The Hanagami v. Epic Games Case
In a landmark ruling that could reshape the landscape of copyright law in the digital age, Los Angeles choreographer Kyle Hanagami recently won his appeal against Epic Games, the developer of the immensely popular video game Fortnite. This case, which revolves around the unauthorized use of Hanagami’s choreographed dance moves in Fortnite, highlights the evolving nature of copyright law in the realm of choreography and digital media.
Background
Kyle Hanagami, a renowned choreographer known for his work with celebrities like Jennifer Lopez, Britney Spears, and Justin Bieber, filed a lawsuit against Epic Games in Los Angeles federal court. Hanagami’s claim was based on the alleged use of his dance moves, choreographed to Charlie Puth’s song “How Long,” in Fortnite’s “It’s Complicated” emote. This dance had gained significant popularity, with the YouTube video showcasing the choreography amassing nearly 36 million views.
The Legal Journey
Hanagami’s initial claim was dismissed by U.S. District Judge Stephen V. Wilson, who ruled that there were no creative elements shared between Hanagami’s work and the Fortnite emote. However, the U.S. 9th Circuit Court of Appeals reversed this decision, noting substantial similarities between the two works. The appeals court emphasized that choreography, like other forms of copyrightable material, comprises various elements that are unprotectable in isolation but are protectable as a collective arrangement and selection by the choreographer.
Court’s Analysis
The appellate court found that the “poses” in a choreography, along with other elements like body position, movement, timing, and energy, contribute to its uniqueness. The court stated that Hanagami’s choices in arranging these elements were substantially similar to those used in Epic’s emote. This decision challenges the district court’s earlier stance that the choreography was “short” and a “small component” of Hanagami’s overall work, refusing to narrow the scope of copyright protection based on these factors.
Implications for the Esports Industry
This ruling is a significant development in esports and digital entertainment law. It acknowledges the complexity and artistic merit of choreographic works within digital platforms, potentially leading to more rigorous copyright enforcement in the gaming industry. Game developers might need to exercise greater caution in incorporating elements that could be subject to copyright claims.
Conclusion
The Hanagami v. Epic Games case marks a pivotal moment in copyright law, particularly in the context of digital media and esports. It underscores the need for a nuanced understanding of artistic creations and their protection in the rapidly evolving digital world. As the case returns to the Los Angeles federal court for further proceedings, it sets a precedent for how choreographic works are viewed and protected under copyright law, potentially reshaping the legal landscape for creators and developers alike.
Image source: David Hecht via YouTube
U.S. Court of Appeals for the Ninth Circuit, Hanagami v. Epic Games, Inc., Nos. 22-55890, 2:22-cv-02063-SVW-MRW (2023).
Counsel Information in Hanagami v. Epic Games Case
For Plaintiff-Appellant (Kyle Hanagami):
- David L. Hecht (Lead Counsel, argued the case)
- Maxim Price
- Kathryn L. Boyd
- Firm: Hecht Partners LLP
- Location: New York, New York
For Defendants-Appellees (Epic Games, Inc.):
- Dale Cendali (Lead Counsel, argued the case)
- Joshua L. Simmons
- Yungmoon Chang
- Firm: Kirkland & Ellis LLP
- Locations: New York, New York (Dale Cendali, Joshua L. Simmons); Los Angeles, California (Yungmoon Chang)
