Rapper Terrence "2 Milly" Ferguson filed a lawsuit against Epic Games over the use of his "Milly Rock" dance as an emote in Fortnite. 2 Milly is being represented by law firm Pierce Bainbridge who submitted the complaint in the Central District Court of California.
2 Milly and other rappers who've had dances they've either popularized or created recreated in Fortnite under different names have expressed dissatisfaction with Epic previously. For example 2 Milly's Milly Rock dance featured in his 2014 song of the same name was renamed "Swipe It" and could be earned in Fortnite via the $10 battle pass. 2 Milly is suing Epic for copyright infringement and exploiting African American talent for profit.
In court documents 2 Milly said that Epic Games "should not be able to profit from Ferguson's fame and hard work by its intentional misappropriation of Ferguson's original content or likeness," and goes on to cite other emotes used in Fortnite that were made popular by African American musicians and actors.
At the Vulture Festival earlier this year Scrubs actor Donald Faison expressed similar frustration at Epic Games for not compensating him after using his "Poison" dance which he said he created on the spot during production of the Scrubs episode. "If you want to see it, you can play Fortnite, because they jacked that shit!" The dance serves as Fortnite's defaut dance emote.
Chance the Rapper brought the matter of Epic's free-wheeling use of popular dances that have direct links to specific musicians back in July and the conversation has grown and intensified as Fortnite continues to grow in popularity.
Epic Games has yet to issue a statement regarding the lawsuit and the role emotes play in the matter.