Who Owns That Dance Move?

On December 5th, 2018, Terrence Ferguson, better known as 2 Milly, filed a complaint in the United States District Court for the Central District of California alleging that Epic Games, Inc. committed copyright infringement and violated right of publicity and unfair competition laws by implementing the “Milly Rock” dance into their free-to-play video game Fortnite. 2 Milly gained recognition when he released the sound recording “Milly Rock” in 2015. The track appeared on the iTunes top 200 chart, with its popularity mainly stemming from the music video that accompanied its release. In the music video for “Milly Rock,” 2 Milly and his accompanying dancers swing their arms in a circle and rock their hips back and forth. This simple-yet-immediately-identifiable dance became known as the Milly Rock. The dance has since been repeated by celebrities and athletes and has become a staple in the arsenal of hip-hop dancers. Since 2 Milly filed his…

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