Like A Blast From The Past, Epic Is Facing A New Fortnite Emote Lawsuit

Epic is facing a new Fortnite emote lawsuit.

Their 'It's Complicated' emote violates copyright for the 2017 hit How Long.

It was like a blast from the past.

They faced multiple lawsuits in 2018-19 over emotes.

They didn’t pay or give credit to those who created it actually.

Epic typically approaches young and/or less sophisticated artists, like those who are catapulted to fame on social media platforms like TikTok, about licensing choreography for pennies on the dollar, they said.

Hanagami, a sophisticated businessman and established choreographer who is aware of the value of his choreography generally and the Registered Choreography specifically, was never approached by Epic about a license.

Because of a US Supreme Court decision, Fortnite emote lawsuits came to a sudden halt in 2019.

The 2019 ruling declared that lawsuits could only be filed after the Copyright Office had either approved or rejected an application.

The copyright on the choreography is registered, and that makes it enforceable. This makes this case different.

Epic’s sale of Kyle’s registered choreography as an item in the Fortnite Item Shop without his knowledge or authorization is fundamentally unfair. He felt compelled to file suit to stand up for the many choreographers whose work is similarly misappropriated.

Copyright law protects choreography just as it does for other forms of artistic expression. Epic should respect that fact and pay to license the artistic creations of others before selling them.