rain
Saturday December 15th, 2018 7:29AM

Rapper sues makers of video game 'Fortnite' over dance moves

By The Associated Press

LOS ANGELES (AP) — Rapper 2 Milly filed a lawsuit Wednesday against the makers of "Fortnite," saying they are illegally using a dance he created in their wildly popular video game.

The Brooklyn-based rapper, whose real name is Terrence Ferguson, alleges that North Carolina-based "Fortnite"-maker Epic Games misappropriated his moves without compensation or credit in the lawsuit filed in federal court in Los Angeles.

The lawsuit states that 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 he 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 says that 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.

The fight-to-the-finish game "Fortnite" quickly became one of the most popular in history after its 2017 release.

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.

2 Milly is not the first prominent person to complain about Fortnight's use of the moves.

Chance the Rapper criticized the game for not including the songs behind some of its dances, giving artists a chance to share in its wealth.

Actor Donald Faison, whose dance from the TV show "Scrubs" appear in an "emote," tweeted in March, "Dear Fortnite ... I'm flattered? Though part of me thinks I should talk to a lawyer."

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

Jennifer Rothman, a professor at Loyola Law School in Los Angeles, said in an email that 2 Milly may have a potential copyright claim or a right-of-publicity claim if the dance is 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.

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

  • Associated Categories: Associated Press (AP), AP Entertainment, AP Online Recordings News, APOnline Celebrity News, AP Business
© Copyright 2018 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Presidential funeral train will be first in nearly 50 years
George H.W. Bush's presidential funeral train will be first in nearly 50 years
12:16AM ( 20 minutes ago )
The Latest: Japan finds 2nd US Marine crew after crash
Japan's Defense Ministry says a second crew member has been found in the waters off the Japanese coast where two U.S. Marine Corps warplanes collided and crashed
12:14AM ( 22 minutes ago )
Tech execs to gather at White House on Thursday
Top executives from Google, Microsoft, IBM, Oracle and Qualcomm are planning to meet at the White House amid strained ties between President Donald Trump's administration and the tech industry
12:11AM ( 25 minutes ago )
Associated Press (AP)
Met orchestra onstage for bows behind Nezet-Seguin
Yannick Nezet-Seguin took the rare step of bringing the entire orchestra on stage for curtain calls following his first performance as just the third music director in the Metropolitan Opera's 135-year-history
7:03PM ( 5 hours ago )
Sandra Oh, Andy Samberg to host Golden Globe ceremony
Sandra Oh and Andy Samberg will share host duties at next month's Golden Globe ceremony
6:25PM ( 6 hours ago )
Viola Davis says 'stop taming us' at Hollywood event
Viola Davis says 'stop taming us' at Hollywood event where she received leadership award
5:53PM ( 6 hours ago )
AP Entertainment
Salonen to become San Francisco Symphony music director
Esa-Pekka Salonen will become music director of the San Francisco Symphony starting with the 2020-21 season
3:46PM ( 8 hours ago )
R. Kelly documentary screening evacuated over phone threats
A screening of an upcoming documentary detailing abuse allegations against singer R. Kelly was evacuated after phone threats were made to the Manhattan location where it was being held
2:26PM ( 10 hours ago )
Bruce Springsteen: No tour with E Street band in 2019
Bruce Springsteen will not be touring with the E Street Band in 2019
7:08AM ( 17 hours ago )
AP Online Recordings News
Chanel's Lagerfeld channels ancient Egypt with mini-Met Gala
Chanel designer Karl Lagerfeld is known for not skimping or cutting corners with his fashion shows, and he certainly did neither with a lavish fashion show at the Temple of Dendur at the Metropolitan Museum of Art
12:41PM ( 11 hours ago )
Lena Dunham sorry for supporting writer accused of assault
Lena Dunham is apologizing to actress Aurora Perrineau for defending a writer who Perrineau accused of sexual misconduct
11:58AM ( 12 hours ago )
Ralph Fiennes, Sophie Okonedo spar in 'Antony and Cleopatra'
Antony and Cleopatra," currently running at London's National Theatre, has tragic romance, two top-flight actors and a live snake
11:40AM ( 12 hours ago )
APOnline Celebrity News
Asian shares skid as Huawei CFO arrest revives trade jitters
Asian shares skid as Huawei CFO arrest revives China-US trade jitters
11:29PM ( 1 hour ago )
At a cemetery, bones tossed like trash, and families in pain
A mass desecration of graves at a Connecticut cemetery has devastated dozens of families while police determine whether to file criminal charges
10:43PM ( 1 hour ago )
Nation bids goodbye to Bush with high praise, cannons, humor
George H.W. Bush's lifetime of public service is celebrated in nation's goodbye to 41st president
10:33PM ( 2 hours ago )
AP Business
Presidential funeral train will be first in nearly 50 years
George H.W. Bush's presidential funeral train will be first in nearly 50 years
12:16AM ( 20 minutes ago )
The Latest: Japan finds 2nd US Marine crew after crash
Japan's Defense Ministry says a second crew member has been found in the waters off the Japanese coast where two U.S. Marine Corps warplanes collided and crashed
12:14AM ( 22 minutes ago )
Tech execs to gather at White House on Thursday
Top executives from Google, Microsoft, IBM, Oracle and Qualcomm are planning to meet at the White House amid strained ties between President Donald Trump's administration and the tech industry
12:11AM ( 25 minutes ago )
Democrat says he'll appeal to Walker to veto GOP power play
Wisconsin's incoming Democratic governor says he's willing to go to court if a Republican plan to restrict his powers is signed into law _ but he'll first ask GOP Gov. Scott Walker to veto the legislation
12:10AM ( 26 minutes ago )
Bush remembered for enjoying a joke, even aimed at himself
Bush remembered for a sense of humor that took himself and others not so seriously
12:07AM ( 29 minutes ago )