Choreographer Sues Epic Games Over Fortnite’s Use of Rauw Alejandro Dance Moves

Fortnite emote by Fefe Burgos (Image Credit: Epic Games)

Fefe Burgos, a professional choreographer known for working with major artists like Usher, Jennifer Lopez, and Selena Gomez, has filed a copyright infringement lawsuit against Epic Games.

The lawsuit, submitted in federal court this week, claims that Fortnite’s developers illegally used Burgos’s original choreography from Rauw Alejandro’s 2024 hit music video Touching the Sky without permission or compensation.

As per Billboard, the lawsuit centers around a Fortnite emote—an in-game purchasable dance animation—also named Touching the Sky, which closely mirrors the moves performed by Alejandro in the music video. Burgos asserts that the choreography featured in that video was both original and copyright-registered, and that Epic’s emote replicates key elements of it nearly step-for-step. The emote was sold to Fortnite players for 500 V-Bucks, equivalent to roughly $5.

Watch the comparison here:

Touching the Sky emote and dance choreography (via YouTube)

According to Burgos’ attorney, David L. Hecht, “Epic has unfairly profited from exploiting Burgos’s registered choreography.” The legal filing argues that Epic intentionally capitalized on the popularity of Burgos’s work—especially among younger audiences—without offering any form of licensing deal or credit. “Despite all that money, Epic is unwilling to pay artists and creators like Burgos their fair share,” the lawsuit claims.

This isn’t the first time Epic Games has faced accusations of lifting viral dance routines. Over the years, several artists and creators have taken legal action against the company. Notably, Alfonso Ribeiro sued Epic in 2018 for using his “Carlton dance,” and TikTok creators have also brought lawsuits for emotes based on viral dance trends. Most of these earlier cases struggled in court due to questions over whether brief dance moves qualify for copyright protection.

However, that legal tide began to shift in 2023. A landmark ruling in the Ninth Circuit Court revived a similar case from choreographer Kyle Hanagami, whose routine “It’s Complicated” was allegedly used in a Fortnite emote based on a Charlie Puth video. The court stated that choreography, like music or visual art, deserved a nuanced evaluation rather than being dismissed as simple movement.

That 2023 ruling is now helping shape Burgos’ case, as he’s being represented by the same legal team that won that appeal.

The lawsuit also touches on Epic’s broader business model. Fortnite earns billions of dollars annually, largely through in-game purchases like skins, dances, and emotes. Burgos argues that this business model depends heavily on creative contributions from artists like him, many of whom aren’t paid for their work. He further claims that Epic selectively approaches less experienced or viral artists—sometimes via TikTok—and pays minimal amounts for their creations, while established professionals like himself are bypassed entirely.

As per the reports by Law360, Burgos is seeking monetary damages and an injunction to stop Epic from continuing to sell the disputed emote. His legal team is also pushing for broader industry recognition of choreography as a valid and protectable form of intellectual property.

As of now, Epic Games has not publicly responded to the lawsuit or issued a formal comment.