9th Circuit Court of Appeals Revisits Hanagami Lawsuit
Celebrity choreographer Kyle Hanagami has filed a new round of litigation against Epic Games, the maker of the popular video game “Fortnite,” alleging that the game ripped off his dance moves. The U.S. 9th Circuit Court of Appeals has decided to revisit Hanagami’s allegations after a lower court dismissed his lawsuit last year.
Allegations and Lawsuit Details
On March 29, 2022, Hanagami, known for choreographing for artists like Justin Bieber and Blackpink, filed a copyright lawsuit against Epic Games. He claimed that the game copied his choreography for one of its virtual avatar animations, known as “emotes.” The lawsuit centers around a 2017 video of Hanagami dancing to Charlie Puth’s “How Long” and the game’s “It’s Complicated” emote released in August 2020.
Dismissal and Reversal
Epic Games filed a motion to dismiss the case, arguing that Hanagami’s dance moves and the “Fortnite” emote were not substantially similar. The U.S. District Court for the Central District of California agreed, stating that the moves were not protectable under the Copyright Act of 1976. However, the Court of Appeals has now reversed that decision, stating that Hanagami’s choreography and Epic’s emote share substantial similarities.
Impact on Choreographers’ Rights
Attorney David L. Hecht, representing Hanagami, has emphasized the significance of the court’s decision for choreographers and other creatives in the digital media age. Hanagami is looking forward to litigating his claims against Epic Games and hopes to protect the livelihood of other choreographers and creatives.
Previous Allegations and Lawsuits
Hanagami is not the first to accuse “Fortnite” of copying dance moves for emotes. In 2019, social media personality Backpack Kid alleged that the game had ripped off his popular “Floss” dance move. Other artists, including Donald Faison, Terrence “2 Milly” Ferguson, and Alfonso Ribeiro, have also taken issue with the game for allegedly copying their moves.
‘Fortnite’ Latest Chapter and Legal Battles
The news of the Hanagami lawsuit reversal coincides with the launch of “Season OG,” the latest chapter in the “Fortnite” game. This chapter brings back the game’s original map and comes after Epic Games’ high-profile legal battle against Apple in 2020, which resulted in a ruling in favor of Apple.
Layoffs and Financial Challenges
Additionally, Epic Games recently laid off 830 employees, accounting for approximately 16% of its workforce. CEO Tim Sweeney cited financial challenges, noting that the company had been spending more money than it earned for a while.
In conclusion, Epic Games will face further litigation from Kyle Hanagami over alleged choreography theft, as the 9th Circuit Court of Appeals revisits the case. This decision has significant implications for the rights of choreographers and creatives, and Hanagami is determined to protect their livelihood. The lawsuit is just one of several allegations against “Fortnite” for copying dance moves. These legal battles come amidst the launch of a new game chapter and recent layoffs at Epic Games.