Fortnite Suits May Have to Dance Around Copyright Limits

December 18, 2018, 11:44 PM UTC

Fortnite has brought millions together as an online gaming sensation. It’s also led rapper 2 Milly, a 1990s sitcom character, and the inventor of the “Flossing” dance to sue gamemaker Epic Games Inc. for using their moves without permission.

The lawsuits involve questions about whether seconds-long dance moves deserve copyright protection, or are so closely identified with an individual that a right to control an image in commerce, known as right to publicity, can be violated even if actual images aren’t used.

Intellectual property attorneys say the plaintiffs are likely to have an easier time pursuing their right-of-publicity claims than ...

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