American rapper 2 Milly has filed a lawsuit in California against Fortnite creator Epic Games over the apparent use of his ‘Milly Rock’ dance in the smash video game.
The lawsuit was filed over the alleged ‘misappropriation, use and sale’ of the dance. 2 Milly, real name Terrence Ferguson, alleges that the Fortnite emote dubbed ‘Swipe It’, available during Season 5 of the hugely successful game, was an unauthorised recreation of his dance.
Epic games sold the ‘Swipe It’ emote for around $5 (£3.95), which allowed players to perform the dance in-game. The Swipe It emote is no longer available for purchase, but can still be used by owners of the emote.
“This isn’t the first time that Epic Games has brazenly misappropriated the likeness of African-American talent. Our client Lenwood ‘Skip’ Hamilton is pursuing similar claims against Epic for use of his likeness in the popular ‘Cole Train’ character in the ‘Gears of War’ video game franchise,” partner at Pierce Bainbridge, David L. Hecht, who is representing Ferguson in the lawsuit said in a statement. “Epic cannot be allowed to continue to take what does not belong to it.”
“They never even asked for my permission,” Ferguson said. “I am thrilled to have David Hecht and his team at Pierce Bainbridge representing me to help right this wrong.”