In the multi-pronged fight for equity among dance artists, the Choreographers Guild is making significant waves for those who create for film, television, recording artists, and music videos. I attended the recent bi-annual meeting and want to share some of the important work that Guild leaders and members are working on regarding credit and recognition, copyright and ownership, artificial intelligence, unionization, and education.
Recognition is essential in the performing arts industry. It increases marketability, industry standing, and financial viability. Two major sources of recognition in Hollywood have been resistant to giving choreographers the recognition that they have both earned and deserved; The Internet Movie Data Base (IMDB) and the Academy of Motion Picture Arts and Sciences (AMPAS). The Guild has been working very hard to change that and scored some recent victories. Firstly, IMDB Pro users can now list “Choreographer” rather than “Additional Crew” as their primary profession. The next step will be to move that credit up the scroll to list that job on a project with other creatives (Director, Producer, Editor) rather than at the bottom with the caterers. Secondly, up to this point, only two choreographers have been members of the AMPAS; Vincent Paterson and Fatima Robinson. The Academy has more than 10,500 members. Because of the hard work of Mr. Patterson and long-time agent and advocate Julie McDonald, there are now four more: Choreographers Guild Executive Board members, Kenny Ortega and Mandy Moore, and two international choreographers, Prem Rakshith and Yuen Woo-Ping. The more representation there is for choreographers within AMPAS, the closer we are to an Oscar for best choreography.
Inaugural Meeting Photo courtesy of the Choreographer’s Guild.
Copyright and ownership of work are essential parts of the Guild’s mission. Guild Vice President Kyle Hanagami had a major win in his case against Epic Games and their alleged appropriation of his choreography for the game Fortnite. The Ninth Circuit reversed a lower court dismissal of his suit and found the following:
The panel held that, under the “extrinsic test” for assessing substantial similarity, Hanagami plausibly alleged that his choreography and Epic’s emote shared substantial similarities. The panel held that, like other forms of copyrightable material such as music, choreography is composed of various elements that are unprotectable when viewed in isolation. What is protectable is the choreographer’s selection and arrangement of the work’s otherwise unprotectable elements. The panel held that “poses” are not the only relevant element, and a choreographic work also may include body position, body shape, body actions, transitions, use of space, timing, pauses, energy, canon, motif, contrast, and repetition. The panel concluded that Hanagami plausibly alleged that the creative choices he made in selecting and arranging elements of the choreography—the movement of the limbs, movement of * This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. HANAGAMI V. EPIC GAMES, INC. 3 the hands and fingers, head and shoulder movement, and tempo—were substantially similar to the choices Epic made in creating the emote. The panel held that the district court also erred in dismissing Hanagami’s claim on the ground that the allegedly copied choreography was “short” and a “small component” of Hanagami’s overall work. (KYLE HANAGAMI, v. EPIC GAMES, INC.)
Kyle Hanagami – Photo courtesy of the artist, Choreographers Guild.
In short, the court found that the suit could proceed on the merits. Subsequently, the parties settled. To see the video that was paramount in this victory, click here.
In addition to supporting individual choreographers, the Guild has assembled a team of volunteer attorneys to help with choreography copyright education and policy initiatives, both nationally and internationally. Issues include recognition, royalty payments, and copyright law.
Artificial intelligence is a huge issue for dance and choreography and the Guild is at the forefront of negotiations, information gathering, and education. Guild Vice President Dana Wilson is leading efforts to inform the membership and wider dance community about this essential issue. She created an educational video that should be widely shared.
Additional areas of educational outreach are in the planning stages but include workshops, seminars, and panels designed to inspire and educate all dance community members.
Finally, unionization is the ultimate goal. The guild is working on partnering with more established unions in the industry to leverage more resources for unionization while ensuring that the Choreographers’ Guild plays a key role in setting plans and priorities. In pursuit of this goal, the Guild has been developing a framework for ideal union contract terms. These terms include but are not limited to rates, reuse of work, consistent crediting, residuals, benefit packages, guidelines for working conditions, and clearly defined titles and responsibilities for assistant and associate choreographers.
To check out the Guild, please visit the website. There are opportunities to volunteer, donate, and for working choreographers, to join!
This article is a follow-up to this one from March 2024.
Written by Nancy Dobbs Owen for LA Dance Chronicle.
Featured image: Choreographer’s Guild logo, courtesy of the Guild.
