How does copyright law protect dance choreography in digital media like Fortnite?

Copyright law protects dance choreography in digital media like Fortnite by granting choreographers exclusive rights to their original works under Section 102(a)(4) of the U.S. Copyright Act, which includes choreographic works as a category of authorship. For protection, the dance must be fixed in a tangible form, such as a video recording or written notation, and exhibit a minimal degree of creativity, distinguishing it from common moves or social dances. In practice, this means that if a video game like Fortnite incorporates a recognizable, protected dance without permission, the choreographer can sue for infringement, seeking damages or injunctions. However, challenges arise because many in-game dances are brief or generic, potentially falling under fair use or lacking sufficient originality. The NSYNC choreographer's lawsuit over Deadpool's 'Bye Bye Bye' dance illustrates this tension, as it tests whether a signature pop-culture dance qualifies for protection and if its digital adaptation constitutes unauthorized copying. Additionally, choreographers may leverage related doctrines like the right of publicity if their identity is tied to the dance, but copyright remains the primary tool, requiring proof of substantial similarity and commercial use. For the dance industry, this legal framework emphasizes the importance of documentation and registration to safeguard creative assets in an era where digital platforms frequently monetize viral content.

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