Fortnite (Epic Games) vs. Rap Artists: Legal Opinion On the Intellectual Property Use of Artists’ Dance Moves.

Abstract

This article considers the actions of the developers of the game—Fortnite—Epic Games, whereby it incorporated the unique dance moves of known rap artists in a version of its game (Season 5, Fortnite released in July 2018), monetizing it, without permission from the artists. Since these dance moves are intellectual creations, thereby invoking intellectual property law issues, the article answers the question whether there is any form of intellectual property that protects dance moves that could allow the rap artists to seek legal remedies. The article answers this question in the negative, confirming that although unique dance moves could be afforded intellectual property protections, in this case, there is no such protection, and efforts to seek legal remedies would be futile.

Keywords: Fortnite, Copyright, Intellectual Property, Dance Move, Milly Rock