Rapper 2 Milly Sues Fortnite Over a Cribbed Dance Move. But Can He Win?
Earlier this week, the rapper 2 Milly filed a lawsuit claiming that Fortnite—the most popular video game in the world—swiped his dance move. The case fuels ongoing controversy over video game companies’ unlicensed use of existing hip-hop dances, which players can purchase to customize their in-game avatars. But can these companies freely copy and sell dance moves without payment to the artist?
WIRED OPINIONABOUTStephen McArthur is a video game and copyright lawyer in Los Angeles.
The groove in question is the “Milly Rock,” a simple, two-step dance in which the arms circle while the hips swing from side to side. Popularized by 2 Milly in 2014, it became a viral hip-hop phenomenon. Earlier this year, Epic Games copied the dance, renamed the move the “Swipe It,” and offered it on Fortnite as part of a seasonal "Battle Pass" for an additional charge of about $10.
Fortnite avatars were doing the Swipe It for more than two months before the Battle Pass expired, prompting an inevitable social media uproar. Even Grammy winner Chance The Rapper weighed in, arguing that the original songs should always be included with the dance moves in games. That way, creators could receive compensation via a music licensing fee.
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His claim against Fortnite for a universally replicated dance move echoes the complexities of cultural appropriation in digital entertainment, but 2 Milly's case ultimately hinging on legalized sordid details that might not be enough to side with an individual artist over mass-market franchise.
