What are the legal grounds for choreographers to sue over dance moves in video games?

Choreographers can sue over dance moves in video games primarily based on copyright infringement, specifically under the Copyright Act of 1976, which protects choreographic works as intellectual property. To establish a case, a choreographer must prove that their original dance is fixed in a tangible medium (e.g., video recordings or notation), that it was copied without permission, and that the video game's use constitutes substantial similarity. In cases like the NSYNC choreographer's lawsuit against Sony for Deadpool's 'Bye Bye Bye' dance in Fortnite, key factors include whether the dance is distinctive enough to be recognizable and if its inclusion in the game serves a commercial purpose, potentially violating the choreographer's exclusive rights to reproduce, distribute, or perform the work. Legal precedents, such as the 2018 lawsuit over Fortnite's use of the 'Milly Rock' dance, highlight the challenges in proving infringement due to the short, simple nature of many dances, but choreographers may also pursue claims under right of publicity or unfair competition laws if their persona is exploited. For dance professionals, registering choreography with the U.S. Copyright Office strengthens protection, but enforcement often depends on demonstrating originality and market impact, making such cases complex and fact-specific in the digital entertainment industry.

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