Epic Games is once again facing a lawsuit over its popular game Fortnite, specifically related to the use of the emote ‘Touching the Sky.’ Choreographer Felix Burgos has come forward, alleging that his choreography was utilized in the game without his authorization.

The choreography first appeared in Rauw Alejandro’s “Touching the Sky” video, which was released on May 23, 2024. It subsequently became available as an Icon Series emote in Fortnite in February 2025. A video presented by Burgos’ legal representation showcases notable similarities between his choreography and that featured in the game.

Burgos claims in the lawsuit that Epic’s blatant infringement of the Registered Choreography is undeniable. The complaint emphasizes that his work, similar to others, has been registered and highlights the necessity of proper licensing agreements.

In light of previous lawsuits faced by Epic concerning Fortnite emotes back in 2018 and 2019, which were largely unsuccessful for various legal reasons, this lawsuit marks a significant step in the ongoing discourse about copyright protection for choreographic work. The prior legal challenges brought heightened awareness regarding such protections, prompting creators, including Burgos, to secure registrations for their work.

This development might lead to more legal actions in the future, emphasizing the crucial need for care in licensing agreements by Epic Games. It’s a pivotal moment that could reshape how Fortnite and potentially other games approach dance choreography in gaming.