Rapper 2 Milly suits epic games over Fortnite's use of his dance show, Milly Rock.
Defendants claim direct copyright infringement, gross copyright infringement, and breach of the Copyright Act under California Common Law, among others.
Attorneys capitalized on Milly Rock's popularity, especially with its younger fans, by selling Milly Rock dance as a buy in Fortnite under the name of "Swipe It," Which players can buy to customize their avatars for use in the game. This dance was immediately recognized by players and media all over the world like Milly Rock. Although identical to the dance that was created, popularized, and demonstrated by Ferguson, Epic did not credit Ferguson or sought consent to use, display, reproduce, sell or make derivative work based on Ferguson's Milly Rock dance or similarity.
Unless you live under a rock, you've seen Milly Rock. Rock residents can check it out below:
At Fortnite the dance is called Swipe It, and it looks like this:
Back In July, around The time Fortnite revealed Swipe It Dance, Chance Rapper pointed out that Epic Games tend to use in the game dance movements popularized by famous artists. These feelings cost money and make a huge contribution to the hundreds of millions of revenue that Epic Games withdraws every month through their free game play.
Moreover, the standard emote on Fortnite is the relatively famous little routine from the actor Donald Faison on the show Scrubs.
This lawsuit is special complicated given that it is over a dance movement, which is difficult to lock down with copyright. Verge reported that this lawsuit is the first of its kind because it challenges the gaming industry to use pop culture as virtual virtual objects. NPR reports that the US Copyright Office "can not record short dance routines consisting of just a few moves or steps with less linear or spatial variations, even though a routine is novel or characteristic."
That does not mean there's no way to protect choreographic works. However, these works must be defined as "a variety of dance movements or patterns organized in an integrated, coherent and expressive whole," according to NPR.
Final 22-page filing is a request for injunction relief, which would carry epic games from using 2 Milly's similarity in the game, as well as financial compensation for the use of the Milly Rock dance.
We went out to Epic Games and will update the story if / when we hear back. 19659017]