To this day we are clear that a specific image or melody may be protected by copyright, and the unauthorized use thereof may have consequences. But And the steps of a dance? Epic's lawyer, take the floor: nobody can appropriate a dance step.
Not too long ago Alfonso Ribeiro sued Epic Games for using the Carlton Banks dance at Fortnite. And he was not the only one: the rapper 2 Milly or the Backpack Kid They also took similar legal actions.
It's worth keeping in mind that Fortnite it is neither the only nor the first game to include choreography However, what the representative of Ribeiro claimed was the use of those steps without your car's consentr to profit.
As a result, on Monday, the first trial of Epic took place regarding the steps of 2 Milly, whose record has been recovered by The Hollywood Reporter.
At, Dale Cendali, legal representative of Epic, advocates that the dance steps not only do not have copyright, but that neither should they be suitable for registration.
The plaintiff's petition is fundamentally at variance with the principles of freedom of expression when attempting to impose liability and, therefore, limit creative expression, by claiming rights that do not legally exist
Nobody can appropriate a dance step. The copyright law makes it clear that individual dance steps and simple dance routines are not protected by copyright, but are building blocks of free expression, which are in the public domain for choreographers, dancers and the general. public to use, perform and enjoy
For reference, here you can see the Swipe It Dance of Fortnite
In addition, copyright does not protect mere ideas and concepts, which are free to everyone, but rather the expression of those ideas.
In this aspect, one of the defenses of Epic Games is based on discarding the principle of Attribute of the personality that the defense of 2 Milly also alleged. That is, to be associated, in this case the dance Swipe It, As a property or identity characteristics of the rapper.
Cendali is clear that, unlike Marshmello, the person of 2 Milly is not present at Fortnite.
Realistically, Swipe It can be used with any character Fortnite, and none of these shares physical characteristics similar to the plaintiff.
And the plaintiff has also not claimed that it appeared in a context similar to Fortnite. That is, he has not fought in a real battle, using weapons to kill opponents.
Illustratively, in Spanish law the case would have already been decided. As you can see in the full report of our Xataka colleagues, it is possible register choreography or pantomime. It is enough to take an application , name the step and offer a written description of the scenic movement accompanied by a recording of the work.
2 Milly is the first of the trials that Epic Games has pending in relation to the trials of Fortnite. And taking into account the precedent that can arise from here, especially in the face of the increasingly frequent gestures in video games, it is worth keeping track of the process.