Epic Games is in the legal ring yet again over Fortnite. This time, it’s about a dance. A dance lifted straight from the pulse of Rauw Alejandro’s music video. The man behind the moves, choreographer Fefe Burgos, has taken Epic to court. And this fight looks different. The cards may not be stacked in Epic’s favor.
The Dance That Sparked a Lawsuit
Rauw Alejandro’s 2024 hit "Touching the Sky" was more than just a song—it was a showcase for a unique choreography. Felix “Fefe” Burgos, a choreographer with a heavyweight client list—Usher, Jennifer Lopez, Selena Gomez—crafted those moves. The choreography was registered. It was original. It was protected.
Then came Fortnite. In February 2025, Epic Games rolled out an Icon Series emote called "Touching the Sky." The dance caught players' eyes. It was fast and flashy, a digital echo of the moves from Alejandro’s video. Burgos didn’t mince words. This wasn’t homage. It was theft.
His lawsuit paints a clear picture: “Epic’s brazen infringement of the Registered Choreography is undeniable,” the filing states. According to Burgos’ lawyer, David L. Hecht, Epic profited unfairly by selling the emote—500 V-Bucks a pop, about five dollars in real money—without a licensing deal or compensation. That is where the fight lies.
The Stakes and the Arguments
Epic has faced dance lawsuits before. The Fortnite dance legal saga is almost a genre unto itself now. But this case carries extra weight. Burgos’ choreography is federally registered. That gives him a stronger claim than those before. The lawsuit demands monetary damages and an injunction to stop further sales of the emote.
The battle is about intellectual property and respect for creators. The choreography reflects hours of work, creativity, and artistry. Its registration under copyright law means it should not be copied without permission. The question is whether Epic recognized this and when it acted.
Burgos and his legal team argue the company chose profits over fairness and recognition. “Despite all that money, Epic is unwilling to pay artists and creators like Burgos their fair share,” the complaint declares. Epic’s silence so far has only added fuel to the fire.
What This Could Mean for Epic and the Industry
If Burgos wins, the ruling could change the industry. It could set a precedent for choreography to be treated as intellectual property more strictly. The gaming world, heavily reliant on emotes and dances, would have to rethink how it licenses and uses such creative works.
Epic has built Fortnite into a cultural phenomenon, a platform where dance emotes are part of the game’s DNA. But the fallout from cases like this might force greater caution, more licensing deals, and respect for the artists who create the moves players love.
The industry watches closely. A ruling against Epic could lead to a flood of similar lawsuits. Choreographers, musicians, and creators might finally get recognition and compensation for their contributions. It might also make developers wary of borrowing dances without clear agreements.
For now, the courtroom will decide. One man’s choreography versus one giant game company. The odds are shifting, and this time, the giant may not get to walk away unscathed.
