choreography
A federal appeals court issued a first-of-its-kind ruling Wednesday (Nov. 1) on copyright protections for dance routines, reviving a case that accuses Fortnite creator Epic Games of stealing copyrighted moves from a celebrity choreographer who’s worked with BTS, Jennifer Lopez, Justin Bieber and Britney Spears.
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In a “novel” ruling on “one of the oldest forms of human expression,” the U.S. Court of Appeals for the Ninth Circuit overturned a decision last year that dismissed choreographer Kyle Hanagami’s lawsuit, which claimed that Epic stole his dance moves and used them as “emotes” in Fortnite.
A lower court had tossed the case by ruling that Epic had copied only several unprotected “poses” from Hanagami’s routine. But in Wednesday’s decision, the appeals court said dance copyrights should be analyzed more holistically, more similarly to how courts dissect copyrighted music.
“We see no reason to treat choreography differently,” the court wrote. “Reducing choreography to ‘poses’ would be akin to reducing music to just ‘notes.’ Choreography is, by definition, a related series of dance movements and patterns organized into a coherent whole. The relationship between those movements and patterns, and the choreographer’s creative approach of composing and arranging them together, is what defines the work. The element of ‘poses,’ on its own, is simply not dynamic enough to capture the full range of creative expression of a choreographic work.”
The ruling does not mean Hanagami has won the lawsuit; instead, the appeals court merely said that the lower court should not have automatically dismissed the case. The two sides will now return to the lower court for more proceedings, potentially including an eventual trial.
A spokeswoman for Epic Games declined to comment on the decision.
In a statement to Billboard, Hanagami’s attorney David Hecht celebrated a ruling that he said would be “extremely impactful for the rights of choreographers, and other creatives, in the age of short form digital media.”
“Our client looks forward to litigating his claims against Epic and he is happy to have opened the door for other choreographers and creatives to protect their livelihood,” Hecht said.
Hanagami sued last year, claiming that Epic had copied a dance routine he created to a Charlie Puth song and used it without permission as the basis for a Fortnite “emote” — a pre-programmed dance move that players can purchase from Epic and employ using their digital avatars. He called it “intentional misappropriation” of his “fame and hard work.”
Attorneys for Hanagami compared the two dances as part of their legal filings:
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The case was one of many filed in recent years over the use of dance moves in games. Alfonso Ribeiro, the actor who played Carlton on The Fresh Prince of Bel-Air, sued Epic over the use of his heavily-memed “Carlton dance” as an emote, as did the mother of the so-called Backpack Kid who popularized the viral “Floss” dance. But those cases have faced skeptical judges in court: In 2020, a federal judge sided with Epic and tossed out a case filed by two former college basketball players over their “running man” dance.
In August 2022, Hanagami’s case faced the same fate. Siding with Epic, Judge Stephen Wilson ruled that the individual steps of his dance routine were too basic for copyright protection, and that even when combined together, they were just a “short” routine that couldn’t be covered by copyright law.
But on Wednesday, the Ninth Circuit overturned that decision, ruling that the lower court had unfairly focused on those simple “poses” and had ignored other elements of the “selection and arrangement” that Hanagami claimed Epic had copied. When those elements are all considered together, the appeals court said, his case becomes “plausible” enough to proceed toward trial.
“He has plausibly alleged that the creative choices he made in selecting and arranging elements of the choreography — the movement of the limbs, movement of the hands and fingers, head and shoulder movement, and tempo — are substantially similar to the choices Epic made in creating the emote,” the court wrote.
The ruling sends the case back to Judge Wilson’s court, where the two sides will engage in more litigation. Eventually, Epic will again seek to dismiss the case; if that fails, the lawsuit will head to a jury trial.
This story is part of Billboard‘s K-Pop Issue.
Los Angeles-born and -raised choreographer Kyle Hanagami has worked with pop stars like Justin Bieber, Ariana Grande, Jennifer Lopez and Dove Cameron. But in more recent years, his résumé has started reading like a who’s who of K-pop’s biggest names: TWICE, aespa, Red Velvet, Girls Generation, NCT and NCT Dream, TOMORROW X TOGETHER and, most notably, BLACKPINK. All have enlisted Hanagami to help craft the fierce moves that power their music videos and stage performances, define their brands and now are oft-imitated on TikTok. He has also worked with members of BLACKPINK on their solo efforts — including with Jisoo on the video for her single “Flower,” which has over 118 million YouTube views. Currently choreographing the forthcoming Mean Girls musical movie, Hanagami spoke from its East Coast set about what it took to become K-pop’s most in-demand dance-maker.
Were you a K-pop fan before becoming enmeshed in this world?
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I actually used to listen to K-pop in high school — I had a friend who was really, really into it. But I never in a million years imagined I’d be working in it, especially because I didn’t start dancing or choreographing until after high school. It’s a total fluke.
How did you start working with K-pop acts?
I’d been posting videos on YouTube back when I had maybe 500,000 subscribers [He now has over 4.5 million], and one of the entertainment companies reached out to me. Then more artists and entertainment companies started reaching out. When I first started working in K-pop, there weren’t very many American choreographers. It has been a process figuring out that style and what it looks like and kind of creating it. I think that’s why so many artists I’ve worked with have gone on to become so successful — they have amazing teams who work with them, but it really has been about me developing styles for these people from scratch.
In the United States, it has been a minute since choreo-driven girl groups and boy bands were popular. Does that make working with K-pop acts especially fun?
I used to choreograph for a Latin boy band, CNCO, that was hugely into dance breaks. And then I did *NSYNC’s surprise appearance at Ariana Grande’s Coachella performance, and that was again [a lot of] dance breaks. I’ve always loved that style. It has been cool to figure out how to adapt it to these amazing artists who come out of Korea.
Why is dance so important to the identity of K-pop groups and their members?
It’s about really identifying what makes their music different and bringing it to life. I remember the first time I heard BLACKPINK, when I heard “Boombayah” [for which Hanagami choreographed the video]. I remember thinking, “Oh, this is different. I’ve never heard a K-pop group come out like this, especially as their first single. This group needs to look different than everyone else.” I had the opportunity to choreograph and give visuals that hadn’t been done for K-pop before, and I loved making that a signature of BLACKPINK.
How would you describe that signature?
They’re so innovative as a K-pop group, and I was able with the choreography to really lean into their individuality. They should dance the way they sing — and each of their voices are so unique. I really have to bring that out when I give them solo moments in choreography, but at the same time, it has to work together as a whole. I think what has helped make them successful is all four girls are relatable in their own ways, but they feel like a supergroup when they come together.
Are there certain things you would do with an American act that you wouldn’t with a K-pop act?
Obviously, I make sure there is that element of cultural sensitivity. There are definitely American artists who’ll go way overtly sexy in a way a Korean artist might not be comfortable with, and it’s something I keep in mind. I want to make sure if a 9-year-old is watching [a video] at home and they want to follow along, their parents feel comfortable.
But in general, the artists that come out of Korea train so hard to be where they are, [they’re] becoming these superstars before they even hit the stage, whereas in America, it’s often about finding existing talent versus talent development. Any time I get a new [K-pop] artist, it’s starting with what they have — if someone is a great vocalist, or a great rapper, or a great dancer or very charming — and knowing how and when to make them shine. Using the choreography to show what they do best.
This story originally appeared in the April 22, 2023, issue of Billboard.
As pop choreographers go, Stephen Galloway’s path to major music video collaborator was far from traditional. He spent nearly two decades as a principal dancer with Ballet Frankfurt, under the direction of contemporary ballet legend William Forsythe; began work as a costume designer while at the company, becoming artistic director of Issey Miyake in the ‘90s; spent two decades in an all-around creative advisor role for The Rolling Stones, consulting on movement, clothing, lighting and more for their music videos and tours; worked with other musical artists ranging from Björk to Lady Gaga to Lil Nas X; and still advises on creative movement for high-fashion photo shoots and runway shows.
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That winding path has now led Galloway, 56, to his latest role: creative movement director for Miley Cyrus as she embarks upon her Endless Summer Vacation era. Galloway entered Cyrus’ orbit via a good friend, director Jacob Bixenman. “I did a video for his then-partner, Troye Sivan, for [Sivan’s 2018 single] ‘My My My!’” Galloway recalls. “We’ve always talked about collaborating. So one day [Jacob] texted me and said he had some ideas and he’d like to know if I was interested. And I just went and met Miley.”
Galloway served as creative movement director for the “Flowers” and “River” music videos (directed by Bixenman) as well as for Cyrus’ recent Endless Summer Vacation Backyard Sessions — and he doesn’t see their collaboration ending any time soon. He spoke to Billboard from his Los Angeles home about Cyrus’ singular talents, and why the two don’t even need words to communicate.
Were you seeking out movement direction work with music artists when the opportunity to work with Miley came along?
I never pursued anything. I didn’t even pursue working with the Stones — they got in touch with me first. I was a classical ballet dancer, so being brought into that world … well, maybe some people wake up and say they want to be a choreographer for music videos, but that wasn’t me. My career has just been one step in front of the next. The evolution into this next phase with Miley has just been organic. I’ve been a strong client of my own intuition and my own gut, and it hasn’t steered me astray yet.
What did you know of Miley before starting to work with her?
Of course, I was aware of who she was and what she had done. I had bought her last album. We had a lot of friends in common — that was the common denominator before we started the collaboration. When it works out like that, you know there’s kinda gonna be a vibe. But she was not someone I was actively following or keeping up with their day-to-day moments like I do now. And it’s been wonderful. I know the Miley she is now, and it’s been one of the biggest blessings of my career so far. It’s probably one of the most organic relationships I’ve had in a long time. I think I was waiting for Miley. It’s just been magic.
Many artists need to first work with a choreographer on stage presence — which is something Miley certainly isn’t lacking. What is she bringing to the table as a performer that distinguishes her?
It was just an immediate reaction to first, her as an artist and as a growing and blossoming artist, and of course then the music, how she felt she wanted to physically and through movement portray herself, which requires extreme sophistication. It’s not like we’re doing “choreography” – although you never know what’s coming! For me what’s been the most exciting thing about the project is she basically knows everyone’s job better than they do, because she’s been involved in the industry for so long.
But she honestly remains one of the most curious people I’ve ever come in contact with. She’s constantly questioning, looking at ways of doing things differently. A curiosity in how to express herself physically, without a “5, 6, 7, 8” – understanding a slow turn of a shoulder, a look down and then up. It’s very, very advanced. She understands nuance better than anyone I’ve ever worked with. She’s incredibly bright – and there’s a difference I think between smart and bright. I love bright people. Bright people make the world a better place.
In the videos so far, as you said, we don’t see really formal dance steps happening, but Miley’s movements feel very intentional — from the angle of a leg to the way she moves her hands, there’s clearly thought there.
Right. What I do with her isn’t really choreography. Years ago, I kind of came up with the title of “creative movement director” because it really feels closer to what we’re actually trying to do: working out a way of creatively moving, figuring out a specific creative vocabulary that allows her to express her feelings. You look at some of the videos where she’s basically standing still, but there’s a feeling of understanding nuance and creative movement. And she got it immediately, from the first day. It was almost hilarious. After literally 15 minutes I felt like I’d been working with her, and she with me, for our entire careers.
Do you have a particular philosophy about what choreography should accomplish in a music video?
With certain music videos, sometimes we like them because they represent something we recognize and know and can be familiar with. We all love a Janet Jackson breakdown, you know what I mean? It’s become such a part of us, we can relate to it immediately. I’m very much a child of MTV. So I’ve always been in love with the art of these small movies that great artists were able to tell their story through. I’m very much a visual person like that. I always bring an element of music video into [my work], because it’s about storytelling. And if you find someone who understands that, it’s heaven. It doesn’t always have to be fireworks and costumes and all this stuff. It can be very, very simple.
The “River” video in particular feels like proof of the power of simplicity in a music video context. It was giving me classic Madonna vibes.
Yeah, yeah, yeah! The treatments are very simple, they’re not super complex. The fact that we’re able to get so much out of something so simple is a true testament to all the creative people involved. We are a very tight team. What’s crazy is we kind of don’t even talk. It’s a small set always – with “River” there were maybe more people involved, but there’s so little communication that happens. We all just understand where we’re going to go. Miley is in the middle of it all, and in the front and the back, but how she maneuvers her way through all these things is spectacular to watch.
Did you have particular conversations with Miley before “Flowers” about what she wanted to communicate through her physicality in this era?
Nothing was spoken! We didn’t really communicate about any of that. I wish I had a more complex story, but it’s not. I wasn’t aware of all these [personal] backstories going on, because I didn’t really know her. I don’t think I was even following her on Instagram. She doesn’t talk to me about what she wants to do, we just do it. She plays me the music, and then we figure it out. It’s not, “I want to communicate this by doing that.” It’s completely nonverbal. What people want to interpret about the videos, that’s not from us – it’s all in the music and the words. There’s not a plan. It’s just trying to make really great art.
Are you able to give us any clues as to what else might be on the horizon visually for the album next?
No, not really. [Laughs.] You know, we’re gonna continue to work together for as long as we can, I think. I’m always there for her. But there’s good stuff coming! I’ll leave a little tease there for ya.
At a time when TikTok challenges have been helping drive songs up the charts, one app is angling for another way to capitalize on the viral dance trend. And unlike that other social media service, this one’s focused on paying choreographers, whose role in spawning those dance crazes tends to go unacknowledged. Steezy, an instructional dance app that offers virtual classes in 13 different disciplines, hires professional choreographers to instruct users in hip-hop, jazz, ballet and more, set to the music of some of today’s biggest artists.
To date, the app has been downloaded over 1 million times by users in more than 100 countries and built up a library of 1,800 classes — all filmed at Steezy studios located at the company’s Downtown Los Angeles headquarters — for which subscribers pay a flat rate of $20 monthly or $100 yearly (roughly three new classes are added each week). The app has licensing deals with Universal Music Group and Warner Music Group and last May began partnering with Def Jam, Warner Records and others on integrations around their latest releases. Several artists have since appeared in-studio for the popular Steezy YouTube series 3 Choreographers, 1 Song — in which a trio of dancers improvise routines to artists’ latest tracks — including J.I.D., Babyface, Chinese superstar Jackson Wang and Roc Nation signee Kalan.FrFr.
The platform also partnered with Prime Video last year on a series of videos around the release of Lizzo’s reality competition series Watch Out for the Big Grrrls, including a dance class with choreographer/influencer Aliya Janell — who taught a routine to Lizzo and Cardi B’s 2021 collaboration “Rumors” — and hosted a dance challenge tied to the series. Steezy additionally helped facilitate a dance challenge tied to the release of Michael Bublé’s latest single “Higher” by creating a free class featuring choreographer Brian Puspos (BTS, Justin Bieber) and his wife Aja Dang, who taught their own choreographed routine to the song to inspire more people to enter. Lim notes it was the most-taken class on the platform for three weeks.
Steezy launched in 2014, initially as a blog offering advice and resources to aspiring professional dancers. But a comment from a friend and future colleague soon started founders Connor Lim and Evan Zhou, who met when both were members of the competitive dance team GRZ, down a more ambitious path. Clay Boonthanakit, who now works as Steezy’s main on-camera personality, came to Lim and Zhou with a simple pitch: “’It’d be really cool if there were videos, because I don’t really like reading,’” Lim recalls with a laugh.
With Boonthanakit coming aboard, Lim and Zhou soon introduced vlogs and — noting a dearth of quality instructional dance videos online — eventually began prototyping video classes, the first of which launched online in 2015, followed by the launch of the Steezy iOS and Android apps in 2018. Since introducing classes, the company has raised $20 million from investors including Elysian Park Ventures, Freestyle Capital, Aglaé Ventures and angel investor Jason Calicanas.
Similar to other subscription-based online platforms like Peloton, Steezy saw a steep rise in subscriptions once the pandemic shuttered dance studios in early 2020. With the professional dance community out of work due to the touring shutdown, it also helped keep some in that community afloat during a desperate time. “All their tours got canceled. All their in-person classes got canceled,” says Zhou. “It felt really good that we could pay our dancers, they could come in and teach and actually keep doing what they do.”
In addition to a standard teaching fee, each dancer is paid from a “bonus pool,” which is doled out on a pro-rata basis (based on the percentage of revenue that can be attributed to classes they taught). “[It’s] a model that’s never existed for dancers before,” says Zhou. “It existed for musicians, where they create a piece of music and it gets monetized on all these different platforms and they get a cut — but dancers have never really had this.”
Like TikTok, which facilitates deeper engagement with music through dance challenges and repetition, Lim and Zhou say Steezy inspires a heightened level of engagement that can make tracks stickier for users. “As you learn [a dance] on our platform, you have to listen to the song like 10, 20 times in order to get it into your muscle memory, so you just have this deeper relationship with the song,” says Zhou. To make routines easier to learn, Steezy allows users to toggle between both front and back views of the instructors as they teach, “mirror” themselves with their webcams to see themselves dance in real time, slow down the tempo and loop sections of videos to nail a specific movement.
In addition to offering an additional revenue stream for dancers, Zhou and Lim feel a broader responsibility to highlight the way choreographers — who often aren’t properly credited for their work — contribute to the success of music at a time when some dancers are pushing for better compensation and even copyrighting their dances (U.S. copyright law allows choreography to be protected, so long as works are fixed in a tangible medium of expression from which the work can be performed). In 2018, rapper 2 Milly sued Epic Games for copyright infringement for using his “Milly Rock” routine in Fortnite, though the suit was dismissed with prejudice (meaning it can be refiled) the following year after the Supreme Court that individuals cannot sue for copyright infringement until the U.S. Copyright Office has either granted or refused their application. In 2020, longtime Beyoncé choreographer JaQuel Knight successfully registered his choreography from the superstar’s iconic “Single Ladies” video, making him the first commercial choreographer in pop music to successfully do so.
For its part, Steezy has been providing a historical timeline of some iconic routines with the original series Viral Dance Moves, in which the company spotlights choreographers who originated dance crazes like the Kangsta Wok (Zaya Sosho), The Dougie (Lil’ Wil) and The Smeeze (Chonkie).
“In the music industry, dancers are…always kind of behind the scenes,” says Lim. It’s really important for us to showcase dancers at the forefront, especially because they drive huge streams for songs, and we know that.”
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