The Fortnite “Swipe It” emote that rapper 2 Milly says infringes on his “Milly Rock” dance move.
Fortnite maker Epic Games has long faced criticism for using existing dance moves as “inspiration” for its popular in-game emotes without offering compensation to the creators of those dances. Rapper 2 Milly (aka Terrence Ferguson) is now the first to take Epic to court over the issue.
Milly argues in a federal lawsuit filed this week in the Central District of California that Epic infringed on his copyright, violated his right of publicity, and engaged in unfair competition by using his “Milly Rock” dance move as the basis for the paid “Swipe It” emote in the game without his permission. “Although identical to the dance created, popularized, and demonstrated by Ferguson, Epic did not credit Ferguson nor seek his consent to use, display, reproduce, sell, or create a derivative work based upon Ferguson’s Milly Rock dance or likeness,” the lawsuit alleges.
The Milly Rock dance move traces its roots back to 2014, when it was popularized in a video for a song of the same name that currently has over 18 million YouTube views. The extremely similar “Swipe It” emote in Fortnite is currently sold for 500 V-Bucks (about $5) or as part of a Season 5 Battle Pass for 950 V-Bucks (About $9.50).