Copyright Protection for Dance ‘Put to the Test’ in Hanagami Case

The big takeaway from the district court’s Aug. 24 dismissal of choreographer Kyle Hanagami’s copyright infringement allegations against Epic Games is that dance choreography “may be copyrightable, [but] there are limitations to the copyright’s protection,” said Hodgson Russ in an analysis Tuesday. “The boundaries of protection for dance choreography under copyright law were put to the test” in Hanagami’s case, said the law firm. Hanagami wasn't the first to sue Epic for its use of dance moves, it said. “But what sets his claims apart is the fact his moves were actually copyrighted. Unfortunately, this did not win the day.” Hanagami alleges Epic stole his dance moves for its signature Fortnite games franchise (see 2210070028). The district court commented that Hanagami was and is entitled to copyright protection only as to how the steps “are expressed in isolation within the entirety” of his five-minute copyrighted How Long choreography video, “not each individual step in isolation,” said the law firm. The court, in dismissing Hanagami’s copyright claims, said “no substantial similarity existed” between the dance moves in Hanagami’s video and the rendering of those steps in Fortnite, it said. The opening brief in Hanagami’s 9th Circuit appeal of the dismissal is due Dec. 30 under a newly amended briefing schedule (see 2211220005).