Fortnite Wins Again -- Copyright Preemption in Brantley v. Epic Games, Inc. Part 1: The "Running Man" Dance and Copyright Subject Matter
Brantley v. Epic Games, Inc. , No. 8:19-CV-594-PWG, 2020 WL 2794016, at *12 (D. Md. May 29, 2020) Topic: Copyright Preemption for Dance & Choreography Takeaways: Court finds that the "Running Man" falls somewhere between Copyrightable choreography and uncopyrightable dance steps and is therefore within the "general subject matter" of Copyright. https://realsport101.com/fortnite/fortnite-chapter-2-season-2-extended-delayed-map-end-date-details-rumours-twitter-reddit-more/ Plaintiffs Jaylen Brantley and Jared Nickens bring this action against Defendant Epic Games, Inc. for the alleged unauthorized appropriation of the dance the “Running Man” that they allegedly created, named, and popularized. Plaintiffs claim that Epic Games intentionally copied the movements of the “Running Man” dance and incorporated them as a feature of its highly popular online video game Fortnite. They bring eight causes of action under common law and the federal Lanham Act