Is Fortnite stealing black dance culture? The creator of the ‘Milly Rock’ argues yes in a new lawsuit.
Is Fortnite stealing black dance culture? The creator of the ‘Milly Rock’ argues yes in a new lawsuit.
Is Fortnite stealing black dance culture? The creator of the ‘Milly Rock’ argues yes in a new lawsuit.
By Meagan Flynn
December 6, 2018
Summary
In the summer of 2015, rapper 2 Milly went "Milly Rocking" on every block in Brooklyn, turning the hip-hop two-step into the viral dance of the summer.
"If you ain't Milly Rockin', you ain't doing nothing," 2 Milly, whose real name is Terrence Ferguson, told Vice in 2015.But then one day last July, some unwanted "Milly Rockers" were brought to the rapper's attention: Fortnite avatars.
Players recognized the dance immediately - just as they had so many other popular viral dances that appear to be included in Fortnite but were made famous by mostly black artists.
The lawsuit, filed Wednesday in federal court in Los Angeles, accuses Epic Games, the maker of Fortnite, not only of stealing 2 Milly's dance moves and his likeness without permission but also exploiting various African American artists' talent without credit.
The accusation that Fortnite has been appropriating black music and dance culture for financial gain has been simmering for months, sparking debate over whether Fortnite has unfairly rebranded the popular dances as "#fortnitedances" while the creators don't share any of the profits.
The game, which boasts more than 200 million players, $1 billion in revenue and a reputation for hogging boyfriends' attention, is free for download. But Fortnite makes its money through in-game purchases and "Battle Passes," which is how users could unlock the "Swipe It" dance.
The legal argument in 2 Milly's case centers on copyright infringement and the right of publicity, in which 2 Milly claims Epic Games essentially hijacked a piece of his identity and likeness.
Here's where things get more interesting: The case centers on avatars allegedly copying a human's dance moves in digital format - a 21st-century problem for a 20th-century law.2 Milly's lawyers have accused Epic Games of literally stealing the dance moves frame-for-frame from the rapper's music video, by coding the still frames and applying it to the avatars.
Hecht argues this amounts to not just stealing dance moves, but also stealing a piece of 2 Milly's identity - regardless of whether the dance is copyrighted.
2 Milly has said in an interview with Kotaku that he would have worked alongside Epic Games if the company had reached out and expressed interest in using the "Milly Rock" with full credit in the game.
Reference
Flynn, M. (2018, December 6). Is Fortnite stealing black dance culture? The creator of the 'Milly Rock' argues yes in a new lawsuit. Retrieved February 25, 2020, from https://www.washingtonpost.com/nation/2018/12/06/is-fortnite-stealing-black-dance-culture-creator-milly-rock-argues-yes-new-lawsuit/