Felix “Fefe” Burgos, the choreographer behind the viral moves in Rauw Alejandro’s “Touching the Sky” music video, has filed a copyright infringement lawsuit against Epic Games, claiming the developer unlawfully used his choreography in the popular video game Fortnite without his consent.

The legal complaint, filed this week, accuses Epic of copying a portion of Burgos’ original dance sequence and turning it into a purchasable in-game emote also titled “Touching the Sky”, which debuted earlier this year. In Fortnite, emotes are animated movements, often dances, that players can buy and use to express themselves during gameplay. The “Touching the Sky” emote was sold for 500 V-Bucks, Fortnite’s in-game currency.

Burgos alleges that Epic used his choreography without seeking approval or offering compensation. According to the lawsuit, Burgos registered his choreography with the U.S. Copyright Office in 2024, shortly after the official release of Alejandro’s music video. That video has since amassed over 9 million views on YouTube.

“Epic did not seek to obtain Burgos’ authorization or consent,” the lawsuit states, “nor did Epic compensate Burgos for its use.” The filing describes the alleged infringement as “brazen” and “undeniable,” pointing to a side-by-side comparison video published on YouTube that shows the Fortnite emote performing nearly identical steps to the routine in Alejandro’s video.

Burgos’ legal team further argues that Epic has developed a pattern of misusing choreographic works without properly crediting or licensing from their original creators. “Epic made a fortune from unlawfully and unfairly misappropriating Burgos’s and other artists’ creative expression and likeness without crediting or compensating these artists,” the suit claims. “Burgos thus brings this lawsuit to prevent Fortnite from further using his Registered Choreography, and to recover the profits rightfully owed to him.”

The case adds to a growing list of legal challenges Epic has faced over its use of dance moves in Fortnite. In 2018, rapper 2 Milly sued the company, alleging that it copied his “Milly Rock” dance and repackaged it as the “Swipe It” emote. That lawsuit was eventually dropped, but it sparked a debate about how digital platforms use and profit from popular dances without recognizing their creators.

More recently, choreographer Kyle Hanagami brought a similar lawsuit against Epic, alleging the game used part of a routine he developed for a Charlie Puth video. Though a district court initially dismissed the case, ruling that short dance sequences were not subject to copyright protection, the Ninth Circuit Court of Appeals later reversed that decision. The appellate court emphasized the need for a more comprehensive approach to evaluating choreographic works under copyright law, stating that reducing a dance to a series of “poses” was akin to evaluating music by its individual notes rather than the full composition.

That decision has become a key point of reference in Burgos’ lawsuit, which cites the Hanagami case as a precedent that helped establish choreography as a form of protected creative expression. The complaint also argues that these legal battles have made more choreographers aware of their rights and prompted them to formally register their work, as Burgos did.

According to the lawsuit, Epic has since started approaching some artists for licensing agreements but often targets creators with less industry experience, particularly those who gain viral fame through platforms like TikTok. Burgos, the suit claims, was never approached by Epic, a decision his legal team suggests was deliberate. “Burgos is a sophisticated businessman and established choreographer who is aware of the value of his choreography,” the complaint states. “Epic typically approaches young and/or less sophisticated artists… for pennies on the dollar.”

As of publication, Epic Games has not issued a public statement regarding the lawsuit.