Revolution Over: Epic Games Settles Copyright Dispute with Hanagami Over “Fortnite” Dance Moves

Epic Games and Kyle Hanagami have informed the court on Monday that they had agreed to dismiss the lawsuit with prejudice, ensuring that the case cannot be reopened in the future. This decision comes ahead of a trial that was scheduled for May, highlighting a mutual agreement to avoid further litigation.

Epic Games, through a spokesperson, has opted not to comment on the case’s dismissal. Meanwhile, representatives for Hanagami have yet to provide comments or additional details regarding the settlement.

Background of the Dispute

This lawsuit is part of a series of legal challenges faced by Epic Games, where creators, including “Fresh Prince of Bel-Air” star Alfonso Ribeiro, have taken legal action against the company for the unauthorized use of dance moves as “emotes” in “Fortnite.” These emotes, which players can purchase for their avatars, have been a point of contention, leading to debates over copyright protections in digital environments.

Kyle Hanagami, known for his work with celebrities like Britney Spears, Justin Bieber, and Jennifer Lopez, initiated the lawsuit in 2022. He alleged that Epic’s “It’s Complicated” emote closely mimicked one of his choreographed routines. The case saw an initial dismissal by U.S. District Judge Stephen Wilson, who ruled that the sequence of moves in question did not qualify for copyright protection. However, this decision was overturned by the 9th Circuit, which criticized the reduction of choreography to mere “poses” and emphasized a need for consistent copyright analysis across different art forms.

Legal Implications and Precedent

The case, Hanagami v. Epic Games Inc (No. 2:22-cv-02063), has been closely followed by the legal community for its potential implications on copyright law as it applies to choreography and digital content. The 9th Circuit’s reversal underscored the complexity of copyright claims in the digital age, challenging previous interpretations and setting a precedent for future disputes.

Esports Legal News previously reported on the revolutionary aspects of this case in November 2023, highlighting its significance in the evolving landscape of copyright law within the digital and entertainment sectors. The settlement marks a pivotal moment in the ongoing dialogue between copyright protection and the creative freedom of digital content creators.

For further details on the background and implications of this case, readers are encouraged to visit our previous coverage: Revolution in Copyright Law: The Hanagami v. Epic Games Case.

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)