The Ninth Circuit revived choreographer Kyle Hanagami’s copyright claims over a Fortnite dance emote in November 2023, ruling that his complaint plausibly alleged substantial similarity. That was not a finding that Epic Games infringed. In February 2024, the parties agreed to end the dispute, according to reporting; the available report does not give settlement terms.
What was the Fortnite dance copyright case about?
Choreographer Kyle Hanagami alleged that Epic Games copied part of choreography he registered in connection with Charlie Puth’s song “How Long” for Fortnite’s “It’s Complicated” emote. Emotes are animations that players can use in the game.
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The Ninth Circuit described the sequence at issue as “a two-second combination of eight bodily movements, set to four beats of music.” That is the court’s description of the alleged choreography, not a finding that the sequence was copied. Read the Ninth Circuit opinion.
What did the Ninth Circuit decide?
On November 1, 2023, in Hanagami v. Epic Games, docket 22-55890, the Ninth Circuit reversed the district court’s dismissal of Hanagami’s copyright claims and sent the case back for further proceedings. The panel concluded that the complaint plausibly alleged substantial similarity under the extrinsic test. Stanford’s case page also records the decision and remand.
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The court’s analysis treated choreography as an arrangement, not merely a collection of isolated poses. Individual movements may not be protectable on their own, but the creative selection and arrangement of elements can matter when comparing two works. The panel held that Hanagami’s allegations could pass the applicable test at this stage; it did not decide the ultimate infringement question.
Can you copyright a dance move?
The ruling does not establish that any single dance step, gesture, or short movement is copyrightable. Its narrower point is that a choreographic work may involve a protectable creative arrangement even if its component movements, considered separately, are not protected. Whether a particular work and an accused work are substantially similar depends on the relevant comparison; this appeal did not resolve that question on the merits.
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Did Hanagami win the lawsuit?
Not in the sense of winning a trial or obtaining a court judgment that Epic infringed. The 2023 appellate decision only reopened the claims after dismissal, allowing them to proceed. In February 2024, Law360 reported that Hanagami and Epic agreed to end the suit. The report does not state the settlement amount or terms, or establish an admission of liability. Law360’s February 13, 2024 report.
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What the ruling means—and what it does not
- It means: Hanagami’s complaint plausibly alleged substantial similarity under the extrinsic test, so the claims should not have been dismissed at that stage.
- It does not mean: the Ninth Circuit found that Epic copied the choreography or was liable for infringement.
- It does not establish: that individual dance moves or common social-dance steps are automatically protected by copyright.
- It does not disclose: the terms of the parties’ reported agreement to end the case.
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