The Epic emote debate: all of the news about Fortnite’s ongoing dance lawsuits – The Verge

The copyright fight over Fortnite dance moves is back on

2023-11-04T16:31:42-04:00

This week, a panel of US appeals court judges has renewed the legal battle over Fortnite dance moves by reversing the dismissal of a lawsuit filed last year by professional choreographer Kyle Hanagami against Epic Games. Billboard pointed out the opinion filed on November 1st (PDF), where US 9th Circuit Court of Appeals Judge Richard Paez wrote that even if individual elements of a dance can't be copyrighted, the arrangement can.

The lower court said choreographic works are made up of poses that aren't protectable alone.

It found that the steps and poses of dance choreography used by characters in Fortnite were not "substantially similar, …

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Epic mostly wins Fortnite saxophone lawsuit, but judge lets one claim go forward

2020-04-02T10:24:42-04:00

Epic Games has mostly prevailed in a lawsuit over its "Phone It In" Fortnite emote, although saxophonist Leo Pellegrino can continue with a claim of false endorsement. A Pennsylvania judge ruled on the case earlier this week, offering a rare legal exploration of whether you can own a signature dance move - and the results look good for Epic.

Pellegrino sued Epic last year for allegedly misappropriating his likeness with the Fortnite dance. He argued that the "Phone It In" dance was inextricably linked to his musical performances, and Epic was copying it to profit off his fame. District court judge John Padova wasn't convinced. He dismissed …

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Epic is accused of stealing ‘Dancing Pumpkin Man’ look for a Fortnite dance

2019-12-09T10:34:57-05:00

Hollowhead, a pumpkin-headed Fortnite skin. | Epic Games

Fortnite creator Epic Games is trying to avoid yet another lawsuit over dance emotes. The company preemptively filed a complaint against Matt Geiler, also known as the "Dancing Pumpkin Man" from a 2006 viral video. Geiler reportedly told Epic to stop offering a Halloween-themed emote called "Pump It Up," which copies his dance and briefly gives avatars a jack-o'-lantern for a head. Now, Epic is asking courts to declare that it didn't infringe Geiler's trademark or copyright.

Epic has faced several lawsuits over dance emotes, including one from Fresh Prince of Bel-Air star Alfonso Ribeiro. But this case is a little different. Where most suit …

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Saxophone player sues Epic over Fortnite’s saxophone emote

2019-04-25T14:19:30-04:00

Fortnite creator Epic Games is facing a lawsuit from New York City-based saxophonist Leo Pellegrino, who claims the developer has used his likeness without permission when designing a saxophone dance in the game. The lawsuit was filed today in federal court for the eastern district of Pennsylvania.

The emote, called "Phone It In," lets players whip out the brass instrument and play a quick tune while dancing. Pellegrino, best known for his Brass House band Too Many Zooz, says his "trademark moves have become inseparable from his persona and his life story" and that Epic had not previously asked for permission to use his likeness or "his sig …

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Most of the Fortnite dance lawsuits are on pause

2019-03-09T12:23:58-05:00

Five lawsuits against Fortnite developer Epic Games are on hold as the law firm behind them waits for the US Copyright Office to consider applications. All five suits - filed by Fresh Prince of Bel-Air star Alfonso Ribeiro, Russell "Backpack Kid" Horning, the unnamed Fortnite fan known as "Orange Shirt Kid," and rappers Terrence "2 Milly" Ferguson and James "BlocBoyJB" Baker - all claim Epic unlawfully used dances they invented as Fortnite emotes. But they're temporarily dismissing their complaints, apparently because of a change in how courts process copyright lawsuits.

In a statement earlier this week, law firm Pierce Bainbridge said it w …

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Fortnite dance lawsuits are bad for copyright and bad for culture

2019-02-27T17:52:54-05:00

Fortnite is one of the most popular and profitable video games in history, and its publisher Epic is copying creative work from children and independent artists without paying them. So it's not surprising that seven people have sued the company, claiming Epic broke copyright law by turning their dance moves into Fortnite emotes. These suits are exploring interesting new legal territory. But if they succeed, it could be bad for dance, bad for copyright, and bad for the culture these lawsuits are ostensibly trying to protect.

For anybody who's not familiar with Fortnite, emotes are short avatar animations that players can buy or earn. Like ot …

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Epic is getting sued for putting the ‘Running Man’ dance in Fortnite

2019-02-26T15:45:50-05:00

Fortnite creator Epic Games is facing yet another lawsuit over copying dance emotes without permission. Two former University of Maryland basketball players have sued the company for its "Running Man" Fortnite emote, which allegedly copies a dance they popularized in 2016. Their complaint accuses Epic of copyright infringement and violating the players' publicity rights - arguing that the publisher has "consistently sought to exploit African-American talent, in particular in Fortnite, by copying their dances and movement."

Jaylen Brantley and Jared Nickens say they created the "distinctive and immediately recognizable" dance behind the "Run …

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Fortnite dance lawyer claims someone impersonated him to derail copyright lawsuits

2019-02-19T15:50:09-05:00

A law firm claims that someone impersonated one of its attorneys in messages to the US Copyright Office, trying to sabotage lawsuits against Fortnite developer Epic Games. Pierce Bainbridge published a fake email supposedly sent under the name of attorney David Hecht, asking the office to reject all its copyright claims for dance moves - and confessing that "what my clients and I have done towards certain gaming companies were very wreckless [sic] and baseless."

Hecht is the lead attorney for several people who claim Epic unlawfully copied their dances as Fortnite emotes, including rapper 2 Milly; The Fresh Prince of Bel-Air star Alfonso Ri …

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The ‘Carlton dance’ couldn’t be copyrighted for a Fortnite lawsuit

2019-02-15T11:26:54-05:00

The US Copyright Office refused to register The Fresh Prince of Bel-Air star Alfonso Ribeiro's "Carlton dance" routine, likely weakening lawsuits against two game studios that copied the dance. In new legal filings, Take-Two Interactive produced letters and emails from the Copyright Office, showing serious concern over whether the dance qualified for copyright protection and, if it could, whether Ribeiro even owned the rights.

Ribeiro sued Take-Two for copying the Carlton dance, which he created while playing Fresh Prince character Carlton Banks, for a celebratory dance gesture in NBA 2K. He's also filed a lawsuit against Epic Games, which …

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BlocBoy JB sues Epic Games over popular ‘Shoot’ dance emote

2019-01-23T16:41:01-05:00

James Baker, also known as rapper BloBoy JB, is the latest person to file a lawsuit against Fortnite developer Epic Games, this time over the use of his "Shoot" dance move in the popular battle royale hit. Known as "Hype" in the Fortnite community, "Shoot" is one of the most popular emotes that millions have people have seen performed. It requires the dancer to swing their arm and leg back and forth in a choreographed motion, as seen in the GIFs below. It was included as an unlockable emote in Fortnite's battle pass subscription service, which costs $10 for up to three months. The emote was not, however, ever sold directly for money.

BlocBo …

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