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forrest

▲ Legend ▲
Member
Oct 25, 2017
1,541
They are erasing the source, which is what makes it cultural erasure.

Nah, I found the origin of the Warcraft female nightelf dance and now I know where it came from. You're inferring that anyone exposed to the dance via fortnite will only ever associate it with fortnite and will never learn of it's origin with 100% absolution across the board. Sorry, but it's not cultural erasure.

As for my opinion on the matter, if the move/dance is distinct enough to copy and sell as an emote, then it should be able to be copywritten. People should be credited/paid for their creations when utilized for profit by others.
 

Plum

Member
May 31, 2018
17,328
So afterwards will they remove the dance or replace it with a new one thats almost identical except for some weird arm movement that makes a totally new thing lol

edit I didn't know dances could be copyrighted. Has this never come up before? If Fortnite gave out dance emotes for free, what would peoples stances be? Would they want Epic to delete the dance from the game, since it'd still be a case of cultural erasure?

Dances can be copyrighted, dance moves can't.
 

Deleted member 11413

User requested account closure
Banned
Oct 27, 2017
22,961
Except they aren't. The source still exists and will not only continue to exist but also always be the source. As mentioned, the source will only go on to get even more coverage because of its inclusion in the game.
When you use something that originates from someone else, and don't state where it originated from, it leads to cultural erasure.
 

Cow Mengde

Member
Oct 26, 2017
12,787
A Epic got an artists creation taken down because they had an old miner pick axe on their logo. They claimed it was copyright and got the shirt design taken off. The design was for a paleontology convention, and the person never even heard of Fortnite. Fuck Epic.
 
Oct 25, 2017
14,741
Selling the moves is where I personally cross the line. If they were all free, then I still think credit should be given, but it's a much more amicable discussion. But when they start to sell the move, then they are directly profitting from 2 Milly's work.

And the whole "did he create the move himself" discussion isn't even relevant, because the reason why they're selling copies of this DLC is because he made it popular. They owe their sales to his creative work, and to everyone else involved with the original video. Without the song, the video and the dance, this would never take off and achieve meme status, and thus would not be added to Fortnite, or wouldn't sell nearly as much as it probably does.

They definitely owe their success with this DLC, however big it is, to him, his producers, label and whoever else has rights over the original video.

I don't think there's anything up to debate here, they are 100% making money off of his work. If it was free, you could argue they're just providing more funny references for their fans to enjoy, but they're actually selling it.
 

Deepthought_

Banned
May 15, 2018
1,992
Theoretically lots of potentially profiteering mediums and sources use all manner of dances, memes etc within their content, eg TV shows, YouTube videos etc. How many times has the robot dance and other popular dances been featured in ad revenue based videos, episodes or whatever else?

This guy made a rap video called milly rock and named his dance after himself which Fornite copied and changed the name and profit off

Whether it holds up in court I don't know but he has a case
 

Deleted member 11413

User requested account closure
Banned
Oct 27, 2017
22,961
Nah, I found the origin of the Warcraft female nightelf dance and now I know where it came from. You're inferring that anyone exposed to the dance via fortnite will only ever associate it with fortnite and will never learn of it's origin with 100% absolution across the board. Sorry, but it's not cultural erasure.

As for my opinion on the matter, if the move/dance is distinct enough to copy and sell as an emote, then it should be able to be copywritten. People should be credited/paid for their creations when utilized for profit by others.
It does eventually lead to cultural erasure. It's great that you could find the original source, but unless Blizzard specifically stated where it came from, they were contributing to cultural erasure by not stating the inspiration. Someone else, by making a YouTube video or whatever showing the dances and their sources, was tying the two together. We are talking about what Epic is doing, not what people independent of Epic are doing to show the source.
 

Deleted member 4093

User requested account closure
Banned
Oct 25, 2017
7,671
Nah, I found the origin of the Warcraft female nightelf dance and now I know where it came from. You're inferring that anyone exposed to the dance via fortnite will only ever associate it with fortnite and will never learn of it's origin with 100% absolution across the board. Sorry, but it's not cultural erasure.

As for my opinion on the matter, if the move/dance is distinct enough to copy and sell as an emote, then it should be able to be copywritten. People should be credited/paid for their creations when utilized for profit by others.
Its cultural erasure even if its not intentional.
 

Razor Mom

Member
Jan 2, 2018
2,551
United Kingdom
You trying to be funny but she banned for your incredulous attitude
Lol whatever my dude. The day when body poses are legal minefields will be a sad day for all creatives who deal with any factor of human body movement in their work. Developers like me, people who work in TV and film, never mind the poor bastards who work with actual dance choreography. Banned for not agreeing with you. Pretty sad, guy.
 

tarantullama

Member
Oct 27, 2017
1,443
Not super clear cut, definitely, but I personally don't believe that people should take that chance. One of the examples they gave of a dance move that can't be copyrighted is the grapevine:

592.gif

(apologies for the crap GIF it's literally the one I could find)

It's clearly popular enough to be an example in copyright law but there are also some clearly unique steps to it. You take a step to the right/left, cross your feet over, and take another step to the right/left. What is objectively different with that compared to Milly's own dance move which can similarly be boiled down to "do a slap gesture to the left, spin your hands around each other, do a slap gesture to the right."? I can't rightly tell you the answer but I've got no doubt that any corporate lawyer worth their salt would be able to. Unlike a specific extract from a song or a book there is no objective limit on what exactly is a "unique" dance move or, as would likely be the case, a "unique" gesture." Considering the lengths media conglomerates go to now to protect their copyright whilst copyrighting anything and everything they can (often having not even made those things themselves) I really don't feel that such ambiguity would be helpful in the long run.

Yes, this would be Epic's argument.
And 2 Milly's lawyer would point out all the minutiae and stylistic choices of the dance move that make it unique and expressive (and a good lawyer would find a lot to point out).
And if they won, yes, a lot of new cases would rise up and a lot of ambiguity would need to be ironed out.
Could it lead to corporations suing the small guys and keeping them down? Yes, it definitely could.
Could it also lead to small guys having legal leverage over corporations that are ripping off their hard work? Yes, it could also do that.

My gut instinct is that, as with music copyright, this would mostly help out popular artists.
 

Gold Arsene

Banned
Oct 27, 2017
30,757
Also on the note about people against this "defending big corporations" you do realize these same corporations would probably numb at the bits to take legal action over dances and body movements right?

You know all that copyright shit on YouTube?

Now imagine that but they can now take down videos of people doing a certain dance or meme?

I think that's the underline concern with a lot of people. It's not an attempt to discredit artist.
 

KORNdog

Banned
Oct 30, 2017
8,001
I imagine the dance in Fortnite has given it more exposure than it could ever have hoped to achieve otherwise. Hell, it could have even sent people to seek out where the dance originated in the first place and given the guy revenue via YouTube. You just never know. Seems kind of weird to me that you could even copyright a dance move though.
 

saladdays

Member
Sep 11, 2018
552
The overlying factor Im seeing here is Im noticing that it seems only big ass white corporations can swing their dick around with copyright and rights laws but apparently nobody else is allowed to have a say, play, or protect their content.

This is an extension of this entire issue in the macro scale. Posters here are happy to see big ass corps protect their brands and their trademarks but when the small guy does the same thing, now we have to "PuSh FoR MoRe pUbLiC DoMaIn CoNtEnT"



thats whats really fucked about all this
I'm not happy with either, it seems ridiculous to do this, and it seems ridiculous to attack pirates, etc. Both sides are trash. Fuck the dick swinging contest, we all gon be dead in a 100 years. Put everything in the public domain.
 

Frozenprince

Banned
Oct 25, 2017
9,158
Y'all are envious mofos. Let the man sue for what he considers his. Let the court decide what's right.

Era capitalists are weird af. Who cares if he can or cannot "copyright" dance moves. We know what Epic is doing, so pretending you don't just make you fanboys.
For real. Court will decide and if you've got a bone to grind it's weird as shot to go after the dude that didn't steal a bunch of other people's work and charge the world $5 for it.
 
OP
OP
vestan

vestan

#REFANTAZIO SWEEP
Member
Dec 28, 2017
24,759
I imagine the dance in Fortnite has given it more exposure than it could ever have hoped to achieve otherwise. Hell, it could have even sent people to seek out where the dance originated in the first place and given the guy revenue via YouTube. You just never know. Seems kind of weird to me that you could even copyright a dance move though.
The dance was already extremely popular and viral though. If it wasn't it wouldn't even be in the game. Epic just rebranded it and most people know it as the 'Fortnite Dance'.
 

saladdays

Member
Sep 11, 2018
552
I imagine the dance in Fortnite has given it more exposure than it could ever have hoped to achieve otherwise. Hell, it could have even sent people to seek out where the dance originated in the first place and given the guy revenue via YouTube. You just never know. Seems kind of weird to me that you could even copyright a dance move though.
Absolutely incorrect, it was a pretty huge thing well before Fortnite took it, and I think the "exposure" from it being in the game was negligible. This is a very widely recognized dance move amongst teenagers and young adults.
 

Rickenslacker

Member
Oct 25, 2017
8,415
No, because parodies are usually pretty clear about what the original source is, as are references. They rely on people knowing the source to work.
They rely on people knowing it, but don't source them directly in most cases, which is what's happening here aside from the whole being sold matter, no? A lot of these are appealing on their referential value.
 

Bronx-Man

Banned
Oct 25, 2017
15,351
Jesus fuck, people. Slippery slope this and copyright gone mad that.

The problem is Epic is SELLING these dances as cosmetics. You guys really have no idea why artists are upset a huge company is taking things they thought of, erasing the actual names of it, and then selling it while giving no royalties to the creators? Blah summed it up best.

GAF/ERA fucking hates copyrights and copyright laws but, when it comes to Epic straight up stealing from black artists and hip hop communities to build their Fortnite brand, the first thing they do is ring that Copyright bell.

I wonder why.
 

Afro_Ninja

Banned
Oct 26, 2017
195
Well, if a big Corp is making money selling something he created, he should win.

People that profits on top of other people works without given credits should be held accountable.

And it doesn't mean nobody can dance anymore, stop with this bs. It's about making money with the dance, been paid with something they did not created.

I know for some (big corps, some white people), they are not used to be called out for profiting on something that is not theirs, it happened through out the history, but time is changing.
 

DR2K

Banned
Oct 31, 2017
1,946
I'm not happy with either, it seems ridiculous to do this, and it seems ridiculous to attack pirates, etc. Both sides are trash. Fuck the dick swinging contest, we all gon be dead in a 100 years. Put everything in the public domain.

Save this argument when a big publisher swings their dick. Both sides are not the same.
 
Oct 26, 2017
10,499
UK
Epic isn't "America". It isn't cultural appropriation. Epic is a company with no race, making a game, using uncopywritable gestures within it. Some derived from white artists, some black. Race is irrelevant, and Epics legal team will be fully aware you can't sue over small body movements. Your fight is not here.

Sure, if you strip out who the money goes to, the historical context, where the dances originated from, the nationality of the company, and all the other racial aspects it isn't about race.

You can't link every business or artistic move to something that is unrelated in order to push a disingenuous argument centered around race. Epic isn't exactly using only dance moves from Black culture, they are using stuff from every culture, race, colour and creed, and not even just hip hop based either, but pertaining to all genres of music (K Pop, pop, dance, country etc), and even things completely unrelated to music including Internet memes and so on. They are essentially borrowing elements from popular culture in general, not specifically black culture.

It's almost as though I'm arguing specifically about them stealing (borrowing would require permission) from one group because context can change things?
 

Frozenprince

Banned
Oct 25, 2017
9,158
Lol whatever my dude. The day when body poses are legal minefields will be a sad day for all creatives who deal with any factor of human body movement in their work. Developers like me, people who work in TV and film, never mind the poor bastards who work with actual dance choreography. Banned for not agreeing with you. Pretty sad, guy.
Dance choreography is already a copyrightable thing. You can't just use a dance routine whenever you want. That's copyright infringement.
 

KORNdog

Banned
Oct 30, 2017
8,001
Yep it was popular long before Fornite

I have no doubt. But I'd bet money on more people being exposed to it via Fortnite than any other means. Who's to say those people didn't search out the originator and in turn indirectly gave him revenue via YouTube monetisation. They're both likely helping each other out in regards to exposure to their own particualrly mediums. In the sense that people who are aware of the original dance would more likely buy the emote. And people who know the emote from fortnight might end up exposed to Millys dance/discography.
 

Chindogg

Banned
Oct 25, 2017
7,246
East Lansing, MI

Deleted member 4093

User requested account closure
Banned
Oct 25, 2017
7,671
Lol whatever my dude. The day when body poses are legal minefields will be a sad day for all creatives who deal with any factor of human body movement in their work. Developers like me, people who work in TV and film, never mind the poor bastards who work with actual dance choreography. Banned for not agreeing with you. Pretty sad, guy.
Naw foh cause you trying to be funny about something thats serious. Any other thread, somebody would already done got warned and banned for continuous disingenuous posts if they made in your style.
 

LordOcidax

Banned
Oct 27, 2017
1,486
Well, if a big Corp is making money selling something he created, he should win.

People that profits on top of other people works without given credits should be held accountable.

And it doesn't mean nobody can dance anymore, stop with this bs. It's about making money with the dance, been paid with something they did not created.

I know for some (big corps, some white people), they are not used to be called out for profiting on something are not theirs, it happened through out the history, but time is changing.
So... if a Jlo dance crew wants to make this move on stage, she needs to pay to the "creator" of the move???
 

Silky

Banned
Oct 25, 2017
10,522
Georgia
Lol whatever my dude. The day when body poses are legal minefields will be a sad day for all creatives who deal with any factor of human body movement in their work. Developers like me, people who work in TV and film, never mind the poor bastards who work with actual dance choreography. Banned for not agreeing with you. Pretty sad, guy.
Works in development and is, for some reason, baffled that the business of dance / stage performance is copywritten but advocates for creative rights.

Could you IMAGINE being this fucking dumb
 

angel

Banned
Oct 27, 2017
2,333
Sure, if you strip out who the money goes to, the historical context, where the dances originated from, the nationality of the company, and all the other racial aspects it isn't about race.

They were never part of it to be stripped. They've borrowed these uncopywritable moves from all sexes and races.
 

Reinhard

Member
Oct 27, 2017
6,651
He has zero chance of winning. You can only copyright an entire choreographed routine meant to be performed by professional dancers, not a few seconds of a dance move. You can't copyright a social dance, which is a few dance moves or a simple routine expected to be repeated by the public for their enjoyment..
 
Oct 25, 2017
1,146
User Warned: Hostility Towards Another User
Lol whatever my dude. The day when body poses are legal minefields will be a sad day for all creatives who deal with any factor of human body movement in their work. Developers like me, people who work in TV and film, never mind the poor bastards who work with actual dance choreography. Banned for not agreeing with you. Pretty sad, guy.

Developers like you? So thieves that profit on the backs of others?

Bet you wouldn't keep this same energy if someone was stealing your game, you dork.
 

Silky

Banned
Oct 25, 2017
10,522
Georgia
Soulja Boy being the smartest about his dance is the most surprising thing I've ever seen Soulja Boy do that makes sense tbh.
 

Deleted member 11413

User requested account closure
Banned
Oct 27, 2017
22,961
They rely on people knowing it, but don't source them directly in most cases, which is what's happening here aside from the whole being sold matter, no? A lot of these are appealing on their referential value.
I really don't think the way these dances are implemented could really be considered parody. Obviously I don't make those determinations though.