Fortnite Makers Accused of Stealing Dance Moves

Esequiel Farfan
Diciembre 7, 2018

Rapper 2 Milly - aka Terrence Ferguson - says the Milly Rock dance he created in 2011 is recreated in Fortnite as an "emote" called Swipe It.

The rapper, real name Terrence Ferguson, said maker Epic Games included his signature move in Fortnite, where it can be bought for $5, without his permission and without offering compensation, in a copyright infringement lawsuit filed Wednesday in California, per Variety and the CBC.

The lawsuit asks a judge to order the video game to stop using his moves, and for damages to be determined later.

Players can use real-world money to buy in-game currency that gets their characters outfits, gear or "emotes", brief dances that have become a cultural phenomenon performed on playgrounds, in social media posts and in the scoring celebrations of professional athletes.

"They actually sell that particular move".

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The suit follows numerous claims that Fortnite has replicated dance moves previously associated with stars like Snoop Dogg, Michael Jackson and others.

Chance the Rapper criticized the game for not including the songs behind some of its dances and not giving artists a chance to share in its wealth. There's the Turk Dance as featured on Scrubs and this Seinfeld scene.

Other than specific choreography within a specific copyrighted work, dance moves can be hard to sue over.

"There are likely to be First Amendment and fair use the context of a video game", Rothman said, "which is understood as fully protected speech, on par with motion pictures and books".

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