Epic Games Faces Renewed Fortnite Dance Lawsuit
The legal battle between choreographer Kyle Hanagami and Epic Games has been revived. The Ninth Circuit U.S. Court of Appeals overturned a lower court’s decision that had previously dismissed the case, allowing the lawsuit regarding alleged copyright infringement in Fortnite to proceed.
Hanagami, known for his work with high-profile artists including Jennifer Lopez, Britney Spears, Justin Bieber, and various K-Pop icons, initiated the suit alleging that Epic Games misappropriated his original choreography for an in-game emote titled “It’s Complicated.” Released in August 2020 during Fortnite Chapter 2 Season 3, the emote allowed players to purchase and equip a complex dance sequence for their digital avatars.
The Core of the Legal Dispute
The controversy centers on the claim that Epic Games lifted a specific sequence of movements from Hanagami’s YouTube video set to Charlie Puth’s “How Long.” As of November 2023, that video had garnered 37 million views. Epic sold the emote for 500 V-Bucks—the game’s virtual currency—which carried a value of approximately $5 USD at the time.
A district court had originally dismissed the case, ruling that the sequence in question—described as a “two-second combination of eight bodily movements”—was merely a “small component” of Hanagami’s work and therefore not eligible for copyright protection. The court had framed the segment as “uncopyrightable dance.”
Appeals Court Reverses Lower Ruling
The Ninth Circuit rejected that narrow interpretation. In its decision, the appeals court stated that the lower court “erred” by reducing the choreography to static poses. The panel emphasized that this approach is inconsistent with how copyright claims are analyzed for other creative mediums, such as musical compositions.
The appeals court noted that Hanagami’s claim includes:
- Footwork patterns
- Limb and hand movements
- Specific head and shoulder coordination
The appellate judges concluded that the district court failed to consider these elements when applying the “substantial similarity” test. Consequently, the case has been remanded for further proceedings, potentially heading toward a jury trial.
Precedent and Industry Impact
This case is part of a broader history of legal challenges against Epic Games regarding the monetization of dance moves in Fortnite. Previous lawsuits filed by figures such as actor Alfonso Ribeiro, Russell “Backpack Kid” Horning, and rapper 2 Milly were dropped in 2019 following a Supreme Court ruling regarding the timing of copyright application processing.
Unlike those previous instances, Hanagami successfully obtained a copyright registration for his choreography in February 2021, shortly after applying. As the legal process continues, the case remains a significant test of how copyright law protects short-form choreography in the digital age.