A federal judge has dismissed a lawsuit in which two college basketball players accused the makers of Fortnite of misappropriating a dance move
A federal judge has dismissed a lawsuit in which two former University of Maryland men’s basketball players accused makers of theU.S. District Judge Paul Grimm in Maryland ruled Friday that the Copyright Act preempts claims that Jared Nickens and Jaylen Brantley filed in February 2019 against Epic Games Inc., creator of the wildly popular online shooting game.
“And here Plaintiffs claim is based on Epic Games allegedly ‘capturing and digitally copying’ the Running Man dance to create theemote that ‘allows the player’s avatars to execute the Running Man identically to Plaintiffs’ version.’” This is squarely within the rights protected by the Copyright Act,” he wrote.
“We dance every day for our teammates in the locker room,” Brantley said. “We were like, ‘Hey, let’s make a video and make everybody laugh.’” “Plaintiffs seek to place the same square peg into eight round holes in search of a cause of action against Epic Games for its use of the Running Man dance in its game. But Plaintiffs’ claims that Epic Games copied the dance do not support any of their theories,” the judge wrote.
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