If there’s one thing Fortnite is known for, other than being the biggest video game in the world, it’s the emotes and dances available to players. Many of the dances offered by Epic Games in Fortnite come from various pop culture personalities.
One of those personalities, rapper 2 Milly, isn’t thrilled with the game using his dance, and he’s actually filed a suit against Epic Games over the matter today, according to TMZ.
In the game, the emote is called “Swipe it,” while the dance is called “Milly Rock.” The name is about the only place in which the two differ because everything else is virtually identical.
Pierce Bainbridge, the firm representing the rapper in the lawsuit, filed the complaint in the Central District Court of California today. The firm accused Epic Games of copyright infringement and exploiting African American talent for profit in the game.
The main issue is that, according to 2 Milly, Epic Games never contacted him to ask for permission to use the dance and that the company is making a profit from it.
“I was never compensated by Epic Games for their use of the ‘Milly Rock,'” 2 Milly said in a press release.
“They never even asked for my permission. I am thrilled to have David Hecht and his team at Pierce Bainbridge representing me to help right this wrong.”
When speaking with Kotaku, David Hecht, 2 Milly’s lawyer, had some strong opinions on what Epic Games is doing. He said, “I think they believe that they can railroad African American talent because they doubt that there will be any legal consequence.”
TMZ also spoke to the lawyer, and he said, “Epic is enjoying record profits off of downloadable content in Fortnite, yet has failed to pay or even ask permission to use artists’ intellectual property and likenesses over many of its popular emote dances.”
It’s way too early to know if this lawsuit will be successful for 2 Milly, or if the court will rule in favor of Epic Games. If it is successful, though, it could cause a major ripple effect for the company, as there are quite a few other dances in the game that were popularized and created by people outside of Epic Games.
For example, Chance the Rapper took issue with the game using his dance and Scrubs star Donald Faison refused to even perform his “Poison” dance at a convention, citing Fortnite “jacking” it as the reason for not doing it.
2 Milly also points out that game uses Snoop Dogg’s “Drop It Like It’s Hot” dance, along with the beloved Carlton dance from The Fresh Prince of Bel-Air