Epic steps up against suit
Simple dance moves are not covered by copyright laws, company says
LOS ANGELES Epic Games has asked that rapper 2 Milly’s lawsuit against the company be dismissed on the grounds that the claim is at odds with free speech, according to court documents released Monday.
The rapper filed a lawsuit last year claiming Epic re-created his dance Milly Rock as a dance in its game Fortnite and called it Swipe It. His suit alleges Epic did so without permission and that he did not receive any compensation for the use of his dance.
Epic is filing for dismissal, noting that the plaintiff, 2 Milly, cannot establish substantial similarity between his dance and the move in the game.
Further, the Epic motion says copyright law does not apply to dance steps.
“No one can own a dance step,” the court document says. “Copyright law is clear that individual dance steps and simple dance routines are not protected by copyright, but rather are building blocks of free expression, which are in the public domain for choreographers, dancers, and the general public to use, perform and enjoy.”
Epic Games also claims the rapper’s dance move and the one in the game involve different timing, motions and gestures.
Other lawsuits were filed with similar claims against Epic.
Notably, actor Alfonso Ribeiro filed complaints regarding his Carlton Dance, which he created on the television series Fresh Prince of Bel-Air.
Instagram-famous Backpack Kid filed as well, since his dance that spawned The Floss has almost become synonymous with Fortnite dances — a dance he originally performed on Saturday Night Live in 2017.