Epic Games is once again under legal scrutiny, as choreographer Felix “Fefe” Burgos has filed a copyright infringement lawsuit claiming that Fortnite’s “Touching the Sky” emote directly copies his original dance routine created for Rauw Alejandro’s 2024 music video of the same name.
The emote, released earlier this year for 500 in-game V-Bucks, mimics a signature portion of Burgos’ choreography—now officially registered with the U.S. Copyright Office. According to the lawsuit, Epic used the moves without authorization, credit, or compensation. A side-by-side comparison video submitted with the suit shows striking similarities between the Fortnite emote and Burgos’ original sequence.
Burgos argues that Epic has a history of exploiting choreographic works from creators, often targeting young, emerging artists on social media with minimal compensation. He points out that despite the precedent set by choreographer Kyle Hanagami’s case—where an appeals court recognized the full scope of dance routines as protectable works—Epic continues to sidestep proper licensing.
In the complaint, Burgos’ legal team refers to Epic’s actions as “brazen infringement,” stating that the company profited from his work without offering a fair deal. The lawsuit aims to recover those profits and block further unauthorized use.
While Epic Games has not issued a statement, this lawsuit revives a broader industry debate: how digital platforms handle creators’ intellectual property in the age of viral content and virtual avatars. The case may once again shape legal boundaries in the gaming world, especially as Fortnite continues to monetize user-inspired content.