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Epic Games hit back at Fortnite dance copyright claims

Written by Ellis Sweetenham on 15 February 2019

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It has been much reported on the Reading Room that Epic Games, creator of the hit Fortnite, has come under a rather lot of bother over their ‘emotes’.

Lots of people have come out of the woodwork claiming that Epic Games has infringed their copyright protected dance moves in them ‘emotes’ which is a player’s character in the game.

The emotes each have their own dance move that players can select to suit their personality.

One of the first to file a formal claim against Epic Games, was rapper 2Milly who claimed his Milly Rock dance was used without his permission for the Swipe It emote.

Epic Games has hit back at this claim, and others, with a motion to dismiss stating that dance moves cannot be owned. They claim that as individual dance moves cannot be protected by copyright, there is no claim.

Covering themselves if the above is proven wrong, they claim that the two dances were not substantially similar and therefore the differences show no copyright infringement.

This motion to dismiss has only just been heard by the court therefore no verdict has been given. However it will be interesting to see the outcome, as either way it is going to have a snowball effect of the other claims.

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