Can You Copyright a Dance Move? Fortnite Sued Over Rauw Alejandro Emote

Summary:

• When Fortnite turned Rauw Alejandro’s move into an emote, choreographer Fefe Burgos saw theft, not homage.

• Burgos filed a lawsuit against Epic Games for profiting off his original choreography without permission.

• This legal challenge raises questions about ownership in the metaverse, where IRL creativity and digital commodification intersect.

When Fortnite turned a slick Rauw Alejandro move into a sellable emote, Fefe Burgos saw more than homage. He saw theft.

In a federal lawsuit filed Wednesday, Burgos, a veteran choreographer whose credits include Usher, Jennifer Lopez, and Chris Brown, accused Epic Games of profiting off his original work without permission. At the center of the clash is a dance sequence from Alejandro’s “Touching The Sky” music video — a routine Burgos says Fortnite replicated and monetized under the same name, “Touching The Sky.”

“Epic has unfairly profited from exploiting Burgos’s registered choreography,” writes his attorney David L. Hecht in the complaint. “Defendants capitalized on the registered choreography’s popularity, particularly with Burgos’s younger fans, by selling [it] as an in-game purchase.”

😬VIXE! A Epic Games está sendo processada por Fefe Burgos, coreógrafo de Rauw Alejandro, pelo uso não autorizado de sua coreografia protegida por direitos autorais no Gesto “Tocando o Céu” do Fortnite, retirada do clipe da música “Touching The Sky”. pic.twitter.com/WMd9gVw48g

— iannzits (@iannzits) July 31, 2025

Burgos is not alone in this fight. His lawsuit joins a growing list of creators challenging Epic Games for allegedly misappropriating their moves. Remember Alfonso Ribeiro’s “Carlton dance”? The Backpack Kid’s “Floss”? Both sued Fortnite. More recently, a TikTok user sued Roblox over the viral “Apple dance.”

“Despite all that money, Epic is unwilling to pay artists and creators like Burgos their fair share for blatantly using their intellectual property,” the complaint adds.

While Alejandro himself isn’t part of the lawsuit, the video — which features the Latin pop star dancing across NYC rooftops — earned platinum status and topped Billboard’s US Latin Pop Airplay chart. Less than a year later, Fortnite began selling a near-identical emote.

So, can you actually copyright a dance move?

Until recently, judges weren’t convinced. In U.S. copyright law, “simple dance routines” have long been excluded from protection — seen more as gestures than choreography. But in 2023, a landmark appeals court ruling changed the game, reviving a suit over Fortnite and affirming that even short routines could qualify for copyright.

“We see no reason to treat choreography differently,” the court declared, paving the way for Burgos’ legal challenge today.

That precedent gives Burgos a stronger footing than past plaintiffs. Notably, he’s also being represented by the same attorneys who secured that 2023 ruling.

This isn’t just about copyright — it’s about culture. Fortnite earns billions through microtransactions, and dance emotes are among the game’s most iconic features. But as the lines between IRL creativity and digital commodification blur, questions about who owns what in the metaverse are only intensifying.

For choreographers like Burgos, it’s personal.

“Epic should not be able to profit from Burgos’s fame and hard work,” the complaint states.