Fortnite Lawsuit Overview: 2 Milly vs. Epic Games

Main Claim: Rapper 2 Milly, creator of the ‘Milly Rock’, is suing Epic Games for unauthorized use of his dance in the video game Fortnite.
Cultural Context: The case addresses broader issues of cultural appropriation and exploitation of African American talent in the entertainment industry.

Origin: The ‘Milly Rock’ dance became viral in 2015 when performed by 2 Milly (Terrence Ferguson).
Popularity: The dance was adopted by various celebrities and became mainstream, featured in various contexts (e.g., sports celebrations).
Game Appearance: The dance was appropriated in Fortnite as the "Swipe It" emote, which players could purchase for $9.50 (950 V-bucks).

Accusations Against Epic Games:
- Copyright Infringement: Claiming Epic Games has illegally taken 2 Milly’s dance moves without permission.
- Exploitation of Black Artists: Similar claims tied to other dances in Fortnite attributed to artists without appropriate acknowledgment or compensation.
Examples of Appropriation:
- Snoop Dogg's dance from "Drop It Like It’s Hot" is labeled “Tidy”.
- Alfonso Ribeiro's “Carlton Dance” is labeled “Fresh”.
- Marlon Webb's moves from the “Band of the Bold” video are labeled “Best Mates”.
- Donald Faison's dance from Scrubs listed as “Dance Moves”.

Disrespect to African American Culture: The lawsuit highlights a trend in the entertainment industry where the contributions of African American artists are often overlooked or appropriated without compensation.
Public Reactions: High-profile figures like Chance the Rapper have commented, advocating for artists to receive credit and compensation for their creative contributions.

Right of Publicity: Legal claim that involves the right to control the commercial use of one’s persona.
Copyright of Dance Moves: The case ventures into uncertain legal waters; traditional copyright arguments may not fully apply to choreographed works represented digitally.
Method of Appropriation: Claims suggest that the game's design process mimicked 2 Milly’s moves frame-by-frame, likened to tracing an image.

Bette Midler Case: A precedent where the artist successfully claimed appropriation of her identity through an impersonation in an advertisement, which relates to ownership over one’s likeness being exploited without consent.

Desire for Collaboration: 2 Milly has indicated he would have welcomed a discussion with Epic Games for proper acknowledgment and compensation.
Cultural Significance: He emphasizes the importance of protecting cultural contributions, stating, "It's not just about the money… I have to protect what's mine."