Virtual Legality
Virtual Legality
Virtual Legality is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
Richard Hoeg
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Virtual Legality #5 - Epic Lawsuit! Does Fortnite Infringe on Dancer's Rights? (Hoeg Law)

E5 • Dec 6, 2018 • 33 mins

In this episode, Richard Hoeg discusses the legal controversies surrounding Epic Games' use of dances in 'Fortnite', including the lawsuit from rapper 2 Milly. He delves into the Ferguson v Epic Games case and explains the intricacies of the US Copyright Act, particularly focusing on choreography and pantomime registration.

Key Points

  • Rapper 2 Milly filed a lawsuit against Epic Games for using his dance in Fortnite, raising questions about the copyrightability of dance moves and whether a simple dance can be considered a protected choreographic work under copyright law.
  • The lawsuit's success hinges on whether 2 Milly's dance move is deemed original and complex enough to qualify as a choreographic work, which traditionally requires a series of dance movements intended to be executed by skilled performers.
  • Epic Games faces a challenge in potentially settling the lawsuit, as doing so could open the floodgates for numerous similar claims, suggesting they may instead seek to have the case dismissed to establish a legal precedent that simple dance moves are not copyrightable.
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