December 18, 2018
Bloomberg Law
Several celebrities, including rapper 2 Milly, actor Alfonso Ribeiro, and internet star Russell Horning, have recently filed suit against the maker of the online video game Fortnite, accusing the company, Epic Games, of using their famous dance moves without permission. The lawsuits allege copyright infringement and aim to defend the celebrities' right to publicity, given that they are so closely associated with the respective dance moves. Bloomberg Law reached to Finnegan attorney Margaret Esquenet for her thoughts on the recent lawsuits.
While Margaret doubts the dance moves would be entitled to copyright protection, she said, "I think it’s going to be a right-to-publicity case. That’s where I think the most interesting arguments are. The plaintiffs could say ‘This is me, part of my persona, that you are intending to copy and provide a commercial product that is evocative of me in this game."
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