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Their copyright infringement lawsuit claimed

the “Running Man” dance “emote” that Fortnite

players can purchase for their characters

is identical to the dance that Nickens and

Brantley took credit for creating.

The judge said the key question is whether

plaintiffs have a claim that is “qualitatively

different” than the rights protected by the

Copyright Act.

“And here Plaintiffs claim is based on Epic

Games allegedly ‘capturing and digitally

copying’ the Running Man dance to create

the Fortnite emote 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.

Brantley, of Springfield, Mass., and Nickens, of

Monmouth Junction, N.J., were seeking more

than $5 million in damages.

Epic Games spokesman Nick Chester declined

to comment Monday on the judge’s ruling.

Celebratory dances in Fortnite are called

“emotes.” While the game itself is free to play,

players can purchase the “emotes” and other

character customizations.

Other artists, including Brooklyn-based rapper

2 Milly and “The Fresh Prince of Bel-Air” star

Alfonso Ribeiro, also have sued Epic Games

over other dances depicted in the shooting

game. Ribeiro dropped his lawsuit against

Epic Games last year after the U.S. Copyright

Office denied him a copyright for the “Carlton”

dance that his character performed on the

1990s sitcom.

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