The copyright fight over Fortnite dance moves is back on

theverge.com:

By Wes Davis, a weekend editor who covers the latest in tech and entertainment. He has written news, reviews, and more as a tech journalist since 2020.

This week, a panel of US appeals court judges has renewed the legal battle over Fortnite dance moves by reversing the dismissal of a lawsuit filed last year by professional choreographer Kyle Hanagami against Epic Games. Billboardpointed out the opinion filed on November 1st (PDF), where US 9th Circuit Court of Appeals Judge Richard Paez wrote that even if individual elements of a dance can’t be copyrighted, the arrangement can.

The lower court said choreographic works are made up of poses that aren’t protectable alone.

It found that the steps and poses of dance choreography used by characters in Fortnite were not “substantially similar, other than the four identical counts of poses” because they don’t “share any creative elements” with Hanagami’s work.

The 9th Circuit panel agreed with the lower court that “choreography is composed of various elements that are unprotectable when viewed in isolation.” However, Judge Richard Paez wrote this week that referring to portions of choreography as “poses” was like calling music “just ‘notes.’” They also found that choreography can involve other elements like timing, use of space, and even the energy of the performance.

The panel held that “poses” are not the only relevant element, and a choreographic work also may include body position, body shape, body actions, transitions, use of space, timing, pauses, energy, canon, motif, contrast, and repetition. The panel concluded that Hanagami plausibly alleged that the creative choices he made in selecting and arranging elements of the choreography—the movement of the limbs, movement