02. Choreography IP Overseas Dispute Cases - U.S.A.

This article reflects the copyright landscape in South Korea, where XSTAGE operates.

Choreography is a creative art form that embodies the efforts and artistic vision of its creators. In the United States, disputes over choreographers' rights continue to emerge due to inadequate legal protections. This article examines key copyright disputes in U.S. choreography and their important lessons.

Cases of Choreographic Copyright Disputes in the U.S.

(1) Casey Ricey vs. Bauman Studio (1986) Case Overview

Casey Reas filed a copyright infringement lawsuit claiming unauthorized use of his choreography.

Result: The court rejected the creator's claim, ruling that "choreography cannot receive copyright protection without specific documentation."

Significance: This case established that choreography must exist in a fixed form to receive copyright protection.

(2) Black Eyed Peas Music Video Lawsuit (2009) Case Overview

A choreographer sued, alleging that the Black Eyed Peas' "Boom Boom Pow" music video used existing choreography without permission.

Result and Impact: The court ruled for the plaintiff, acknowledging both the choreographer's creativity and the documented record of the work. This ruling set a crucial precedent for choreographers' copyright protection.

(3) Kyle Hanagami vs. Apple (2017) Case Overview

Choreographer Kyle Hanagami claimed Apple used his dance moves in an advertisement without permission.

Result: The parties reached an undisclosed settlement, establishing an important precedent for creators' rights.

(4) Fortnite Dance Copyright Dispute (2018) Case Overview

Epic Games' Fortnite sold various dance moves as paid "dance emotes," including "Milly Rock," "Carlton Dance," and "Floss Dance," leading to multiple lawsuits.

Rapper 2 Milly sued over unauthorized use of his "Milly Rock" dance, while Carlton Dance and Backpack Kid filed similar claims.

Result: The court sided with Epic Games, stating that choreography lacks copyright protection without fixed documentation.

Impact: This case highlighted choreographic copyright limitations and emphasized the importance of documenting creative work.

Key Lessons for Choreographers

(1) Documentation Requirements Choreography must be recorded in fixed form—through video or notation—to qualify for copyright protection.

(2) Contract Essentials Clear written agreements must specify copyright ownership and usage terms when sharing choreography.

(3) Professional Association Benefits Joining dance arts organizations provides valuable networking and legal support.

Protecting choreographic rights requires careful preparation

U.S. cases confirm that choreography qualifies as protectable creative work, but copyright registration and documentation are essential. In today's digital age, protecting choreographers' rights demands a comprehensive system combining technological and legal safeguards.

Choreography transcends mere movement—it is an art form containing its creator's essence. We anticipate stronger copyright protections that will fully secure creators' rights in the future.