The Bastard of the Arts and Copyright Law : The Intersection of Dance and Copyright Law in Hanagami V. Epic Games, Inc.

The Bastard of the Arts and Copyright Law : The Intersection of Dance and Copyright Law in Hanagami V. Epic Games, Inc.

Journal article

1 online resource (pages 104-123)

This case note reviews and analyzes two different circuit courts’ approaches to evaluating copyright claims for choreographic works. In Hanagami v. Epic Games, Inc., a professional dancer and choreographer, Kyle Hanagami, sued the creators of the well-known video game, Fortnite Battle Royale, for copyright infringement. While the District Court for the Central District of California granted the video game company’s motion to dismiss, finding that Hanagami’s choreography would not be protectable, the Ninth Circuit Court of Appeals reversed and remanded the case after it conducted a comprehensive and profound analysis of the choreographic work in question. In addition to analyzing the court’s application of copyright protections for choreographic works, this case note compares and contrasts the Ninth Circuit’s approach with that of the Second Circuit in its adjudication of choreographic works. Then, the facts and circumstances of Hanagami’s copyright infringement lawsuit against Epic Games are viewed in light of how choreographic works are analyzed in both circuit courts. This case note argues that while the Ninth and Second Circuits apply different analyses when evaluating copyright claims for choreographic works, the Ninth Circuit reigns more advantageous for protecting choreographic works, as its analysis is segmented, sequential, and thorough in its evaluation of choreographic details. Such details have the power to tip the scale in determining whether the choreographic work is protected under copyright law. Therefore, the Second Circuit’s approach should be abandoned, and the Ninth Circuit’s approach should be preferred.

Crossref

John Marshal Review of Intellectual Property Law, Volume 24, Issue 2, 2025, page 104-123

John Marshal Review of Intellectual Property Law

[Chicago, Illinois] : UIC Review of Intellectual Property Law, 2025.

English

https://repository.law.uic.edu/cgi/viewcontent.cgi?article=1528&context=ripl

External Online Journals > The John Marshall Review of Intellectual Property Law