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The copyright fight over Fortnite dance moves is back on

Illustration: Alex Castro / The Verge

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. Billboard pointed 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”…

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