Fortnite's emotes have become a memorable part of its gameplay. Most recently, dances by popular musicians like Drake have debuted in the Item Shop. But when Epic Games first built up its emote library with popular culture references, it faced criticism and legal action. Now, a judge finally released his verdict on one of the final lawsuits from this controversy.
Previously, basketball players Jaylen Brantley and Jared Nickens sued Epic Games for using their Running Man dance moves as a monetized emote. Like other dance creators, Brantley and Nickens argued that Fortnite took their likenesses and their dances for profit. Unfortunately, like the other lawsuits, Federal Judge Paul Grimm dismissed Brantley and Nickens' charges.
In a report, Judge Grimm confirmed that copyright law protects Fortnite's emote. Referencing the previous lawsuits, Grimm pointed out that although dances are protected by copyright, it is not clear whether the Running Man dance meets the legal criteria to be protected. In their argument, the two basketball players tried to claim that the dance could identify their performances. In response to the argument, the court also denied Brantley and Nickens' claim that the dance identified "a unique good or service."
Although this decision might come as a disappointment to dancers and plaintiffs, it is not surprising. Before courts dropped these lawsuits, judges had suspended these cases after learning that creators needed to register copyrights before suing. However, the U.S. Copyright Office's criteria for dance routines made trademarking these dances difficult.
For example, when Alfonso Ribeiro tried to copyright the "Carlton Dance," the Office denied his claim because the routine was "too simple." Moreover, many have pointed out that Epic's emotes are too short to warrant legal action. While the U.S. Copyright Office's denials did not shut down the lawsuits completely, it likely contributed to the dismissals.
However, Epic Games might have learned from these lawsuits. Recently, Instagram user YouFunnyB worked with the Fortnite developer to include his dance in the game. Although payment for this work has not been discussed, this news an encouraging sign of cooperation between creators to bring new emotes ethically to the battle royale.
Fortnite is free-to-play on Mobile, PC, PS4, Switch, and Xbox One.
