Video game developer Epic Games bought a dance for $ 10,000, which they then used in Fortnite for an emote. But the “Dancing Pumpkin Man”, who invented this dance, submitted a declaration of omission. Epic now reacts to his complaint.
What’s that for a dancing pumpkin man? The man is called Matt Geiler, he is known as “the Dancing Pumpkin Man”, the dancing pumpkin man. That goes back to a viral video from the year 2006.
Geiler was then a news anchor in Omaha, Nebraska, but could unfold there freely. So one day the “dancing pumpkin man”, who then went viral in the network. A YouTube video has over 9 million views.
Anger for Halloween dance in Fortnite
What does Epic have to do with it? Epic says they bought the rights to Geiler’s dance and used it for an emote: the Pump It Up emotes. The figure dances and the head of the figure turn into a pumpkin.
The “Pump It Up” -Emote came for a day in the store of Fortnite in the context of the 2019 Halloween event “Fortnitemare.”
According to the lawyer of Epic Games, you have paid $ 10,000 for it.
A mix of dance and head does not suit pumpkin man
That’s the problem now: Geiler does not seem to agree with how these rights were implemented. He has sent a cease and desist letter to Epic.
He apparently argues that the combination of the dance and the pumpkin head limits his copyrights. Because the combination of dance and costume represents a “recognizable character”, his dancing pumpkin man.
Epic has then filed a lawsuit against Geiler, which should cancel this omission.
In principle, the court should declare that Epic is in the right and does not have to comply with the declaration of omission. If Geiler still wants to go through her but loses him, it would cost him court and legal fees.
Epic passes the pressure on to Geiler.
- They would have paid for the dance
- The costume of Geiler is not even similar to the costume in the emote
- A pumpkin head is commonly used in works of pop culture, especially in the horror genre
- Geiler would have designed neither the costume nor the mask or the song in his own video
Epic has often been sued for using dances from pop culture in Fortnite without first informing the artists. This often affects dances by black artists. For example, actor Donald Faison (Turk) from the TV series Scrubs had already complained about Epic.