Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Ninth Circuit Focuses On Extrinsic Test In Ruling On Choreography Copyright
To determine whether there is "substantial similarity" between contesting works in copyright infringement cases, federal courts within the U.S. Court of Appeals for the Ninth Circuit use a two-step analysis: first an "extrinsic" test based on objective criteria that includes testimony from experts; followed by a subjective, non-expert "intrinsic" test from the perspective of an "ordinary reasonable observer." District courts typically use only the extrinsic test on motions to dismiss the pleadings in order to spot any objective similarities between works in dispute.
The Ninth Circuit has now issued a rare ruling on how the extrinsic test should be applied in determining the copyrightability of choreography. Hanagami v. Epic Games Inc., 22-55890 (9th Cir. 2023).
In the case, choreographer Kyle Hanagami filed an infringement action against Epic Games in the U.S. District Court for the Central District of California over an emote named "It's Complicated" from the popular video game Fortnite Battle Royale. Hanagami claimed the emote was an "inch-perfect copy" of choreography he created for music artist Charlie Puth's "How Long" video. The suit focused on a four-beat segment of a five-minute choreographic work that Hanagami — who has also served as choreographer for such artists as Jennifer Lopez, Britney Spears and Justin Bieber — registered with the U.S. Copyright Office.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing, and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.