Epic Games Inc. and a choreographer resolved a suit over a dance move in the popular video game Fortnite that the gaming company allegedly stole, according to Monday court filings.
Kyle Hanagami, who choreographs for artists such as Jennifer Lopez, Britney Spears, and Justin Bieber, sued in March 2022 over the “It’s Complicated” emote. The animated dance sequence, which players could purchase for their characters to perform, uses the most distinct moves from a routine he created for a Charlie Puth music video, Hanagami argued in June 2022 after Epic Games moved to dismiss the case.
The Ninth Circuit revived Hanagami’s suit in November, saying a trial court was wrong when it decided the seconds-long sequence of Hanagami’s moves was too short to be covered by copyright law. The validity of the copyright claim doesn’t hinge on the length of the lifted routine, the US Court of Appeals for the Ninth Circuit ruled.
Attorneys told Bloomberg Law in November that the Ninth Circuit’s ruling gave choreographers better odds in copyright suits, especially as short dance steps permeate platforms such as TikTok.
Hanagami’s suit can’t be filed again, the parties said to the court.
Hecht Partners LLP represents Hanagami. Kirkland & Ellis LLP represents Epic Games.
The case is Hanagami v. Epic Games Inc., C.D. Cal., No. 2:22-cv-02063-SVW-MRW, 2/12/24.
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