The world of digital media and copyright law has collided once again as a panel of US appeals court judges reopens the contentious legal battle over Fortnite dance moves. This lawsuit, initiated by professional choreographer Kyle Hanagami against Epic Games, has sparked a discussion about the copyright protection of choreographic works in the age of short-form digital media. In a recent opinion filed by the US 9th Circuit Court of Appeals, Judge Richard Paez emphasized that while individual elements of a dance may not be copyrighted, the arrangement itself can be protected. This article delves into the significant implications of this ruling for choreographers and other creatives.
The lower court previously dismissed Hanagami’s lawsuit, arguing that choreographic works are composed of unprotectable poses. However, the 9th Circuit panel countered this notion by asserting that choreography encompasses much more than just poses. Judge Richard Paez drew an analogy, stating that referring to portions of choreography as “poses” is as simplistic as calling music “just ‘notes’.” The panel highlighted that choreography involves various other elements such as timing, use of space, energy, canon, motif, contrast, and repetition. By recognizing the complexity and artistic choices involved in choreography, the court has expanded the understanding of what can be protected under copyright law.
A Victory for Creatives
The court’s ruling has far-reaching implications. Hanagami’s lead attorney, David Hect, asserted the significance of this decision for choreographers and other creatives in the digital media landscape. This legal victory empowers artists by reaffirming their rights and recognizing their creative contributions. It signals a new era where choreographers can more confidently assert their ownership and protect their works from unauthorized use or appropriation.
Fortnite’s “emote” feature, which allows players to trigger animations replicating popular dance moves, has been at the center of numerous legal battles for Epic Games. While the court acknowledged that individual dance moves may not be copyrighted, the arrangement and selection of these moves can be protected. Digital media has brought dance into a new realm, where short-form videos and online platforms have made choreographic works more accessible and widely shared. This ruling recognizes and addresses the unique challenges faced by choreographers in this digital landscape, ensuring that their creative choices are not exploited without due credit or compensation.
Precedent-setting Decision
The 9th Circuit panel’s decision sets a precedent for future copyright cases involving choreographic works and digital media. With the growing popularity of platforms like TikTok and Instagram, short-form dance videos have become cultural phenomena. Choreographers now have a legal basis to protect their works in the digital realm, safeguarding their intellectual property against unauthorized use. This decision also encourages collaboration and innovation within the creative community, as it assures artists that their creative expressions will be acknowledged and protected.
While this ruling is a significant victory for choreographers, it is important to recognize the ongoing challenges and complexities associated with copyright protection in the digital age. Artists must remain vigilant in actively asserting their rights and ensuring that their works are properly acknowledged and attributed. Simultaneously, platforms and content creators should be mindful of the creative contributions of others, seeking permissions or licenses when incorporating copyrighted dance moves into their digital content. The intersection of copyright law and digital media will continue to evolve, and it is crucial for all stakeholders to foster a culture of respect for artistic expression and intellectual property rights.
As the legal battle over Fortnite dance moves reignites, the 9th Circuit panel’s ruling marks a significant milestone for choreographers and other creatives. By recognizing the multifaceted nature of choreography and expanding the understanding of protectable elements, the court has empowered artists and protected their intellectual property in the digital realm. This decision sets a precedent for the future of copyright law in the age of short-form digital media, fostering a culture of respect for artistic expression and encouraging innovation within the creative community. It heralds a new era where choreographers can confidently assert their rights and safeguard their works from unauthorized use, ensuring that dance remains a vibrant and protected form of artistic expression in the digital age.
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