Professional choreographer suing Epic Games alleging copyright infringement claims that Epic Games took his dance moves and used them for the Fortnite emoticon.
Reason for the Sue by Choreographer
Kyle Hanagami, a choreographer who has worked with Britney Spears, NSYNC, BlackPink, and other pop stars, claims that the moves included in the “It’s Complicated” emote used activities taken from a copyrighted routine. Emotes are dance movements or other actions that game players can buy for their characters.
Hanagami shared his choreography for the song by Charlie Puth, “How Long,” in 2017. Fortnite released the “It’s complicated” song in August 2020. The lawsuit that has been filed this week states that Epic Games, which owns Fortnite, “did not credit Hanagami, nor did they seek his consent to display, use or reproduce, or sell, or create derivative works that are based on The Registered Choreography.”
Epic Games did not immediately respond to a request for comments. The lawyer Hanagami, David Hecht, posted a YouTube video that shows an inverse comparison of Hanagami’s original video and the “It’s Complicated” dance moves with the exact choreography.
Similar controversies of Epic Games in the Past
Epic Games has faced similar lawsuits in the past. Many artists, including Instagrammer Backpack Kid, Alfonso Ribeiro, and rapper 2Milly, sued the company in 2018. In 2018, the lawsuits were ultimately dismissed because of the 2019 Supreme Court decision ruling that lawsuits for copyright infringement must wait until the copyright is legally registered before proceeding.
Epic Games began crediting creators in the year 2000, Billboard reported, and direct pay creators for the use of their viral dances after a variety of creators such as “Renegade” choreographer Jalaiah Harmon have called it out.
However, some creators, such as Hanagami, claim that Fortnite is performing the dance steps of their creators without consent or compensation. The lawsuit charges Epic Games for profiting from Hanagami’s choreography because the move comes with an on-game buy that requires legitimate money.
It is possible to purchase the emote using in-game currency earned by or playing in the game or purchasing it using real money. The emote will cost around $5 in real money. Hanagami’s lawyers demand that Epic Games remove the emote from its store and give Hanagami the profits it earned from it.
“Epic’s selling Kyle’s choreography that he has registered as an item to the Fortnite Item Shop without his consent or knowledge is inherently unethical,” Hecht said. According to Hecht, Hanagami “felt at a point where she felt compelled to sue to defend the choreographers whose work is also copied,” corresponding to Hecht.
“Copyright law safeguards choreography in the same way as it protects other artistic expressions,” he said. “Epic should recognize that fact and purchase a license to the work of other artists before selling the works.”
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