Mediation Conference Set in Dancer's Appeal of Epic Games Ruling
The 9th Circuit U.S. Court of Appeals mediation program scheduled a Nov. 22 dial-in telephone assessment conference “to explore settlement potential” in the appeal of Los Angeles choreographer Kyle Hanagami, who alleges Epic Games stole his dance moves for its…
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signature Fortnite games franchise. Epic copied Hanagami's “registered choreography,” and packaged and sold it as an "emote" in the Epic online store, said the dance artist's mediation questionnaire Oct. 4 (docket 22-55890). An emote allows a player to perform some movement, like Hanagami's choreography, using an avatar, said the questionnaire. A side-by-side video submitted as part of the record illustrates that the emote in question “includes movement that is precisely duplicated from the registered choreography,” it said. But U.S. District Judge Stephen Wilson disagreed in an Aug. 24 order granting Epic’s motion for dismissal. The two works side by side are “not substantially similar” because they do not share “any creative elements,” said Wilson’s opinion. Hanagami’s opening brief at the 9th Circuit is due Nov. 30. Epic’s answering brief is due a month later.