Fortnite, one of the world’s most played video games, is facing a lawsuit from rapper 2 Milly who is allegin that they are illegally using a dance he created. The Brooklyn-based rapper, whose real name is Terrence Ferguson, alleges in the suit filed in Los Angeles federal court that Epic Games, the creators of Fortnite, misappropriated his moves without compensation or credit.
The lawsuit says the dance known on “Fortnite” as “Swipe It,” one of many that players can buy for their characters, is taken from the “Milly Rock,” a dance 2 Milly came up with in 2011 that caught on as a craze in the summer of 2015 after the release of a song and video of the same name.
Ferguson said the game both steals his creation and as a result appropriates his likeness. He’s asking for a judge’s order that the game stop using the dance and for damages to be determined later.
“They never even asked my permission,” 2 Milly said in a statement.
Epic Games spokesman Nick Chester declined comment.
So how have past lawsuits over appropriated dances gone? Other than specific choreography within a specific copyrighted work, they tend to be difficult to sue over.
A law professor at the Loyola Law School in Los Angeles, Jennifer Rothman, explained to and inquiry form ABC News that 2 Milly may have a potential copyright claim or a right-of-publicity claim if the dance was a signature move that identifies him and would lead players to think he endorsed the game. But, Epic Games’ free-speech rights may trump them.
Callahan & Blaine provides comprehensive intellectual property litigation services of all kinds in Orange County and Southern California. Our clients include entrepreneurs, small businesses, established companies and Fortune 500 corporations in litigation concerning copyrights, trademarks, patents, licenses, trade secrets, advertising practices and proprietary processes. In recent years, our law firm has also handled extensive numbers of intellectual property disputes involving websites, digital and electronic information, the Internet and many other cutting-edge legal and technological IP issues.To find out more about our distinctive approach, contact us at the Callahan & Blaine offices in Santa Ana.
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