The popularity of Fortnite Dances is undeniable, and their integration into various digital platforms, including games like Roblox, raises important questions about copyright. While short and simple dance movements generally cannot be protected by copyright law, the situation becomes more nuanced when considering complex dance sequences and their use in commercial contexts.
Individual dance steps are often considered “basic building blocks” of expression. Copyright law typically avoids granting protection to such fundamental elements to encourage creativity and the development of new dance forms. Think of it like chords in music or words in language; these basic elements are freely available for anyone to use and combine in original ways. Therefore, replicating a single Fortnite dance move is unlikely to infringe on copyright.
However, the legal landscape becomes less clear when entire dance routines, or significantly unique and expressive sequences, are copied. While it’s debatable whether all Fortnite dances qualify as complex copyrighted choreography, the potential for legal issues arises, particularly when these dances are used for commercial purposes within platforms like Roblox. Modifying animations slightly might seem like a solution to bypass copyright concerns. The idea is that by tweaking the original dance just enough, the new animation becomes distinct and avoids direct infringement. This approach is based on the principle that copyright protects specific expressions, not general ideas.
The concept of “fair use,” as outlined in Section 107 of the Copyright Act 1976, offers certain exceptions to copyright infringement. This doctrine allows for the use of copyrighted material for purposes like criticism, commentary, education, news reporting, scholarship, and research. If using Fortnite dances falls under one of these categories, it might be considered fair use. However, several factors are considered when determining fair use, including:
- Purpose and character of the use: Is it commercial or non-profit/educational?
- Nature of the copyrighted work: How creative or original is the dance?
- Amount and substantiality of the portion used: How much of the original dance is used?
- Effect on the potential market: Does the use harm the market value of the original work?
In the context of Roblox game development, using Fortnite dances for commercial gain or marketing purposes is unlikely to fall under fair use. Fair use is more readily applicable to journalistic, educational, or research contexts. While recording dances for personal “time shifting” (like rewatching live broadcasts for study) might be a gray area, directly implementing these dances in games for profit is a riskier proposition.
Past instances in the Roblox developer community have shown that copyright claims can lead to consequences for games incorporating copyrighted material. While not every instance results in takedowns, the risk of future issues remains a significant concern. Therefore, while individual Fortnite dance steps are likely in the public domain, using recognizable Fortnite dance routines in Roblox games, especially for commercial purposes, carries potential copyright risks.
Disclaimer: This information is for informational purposes only and not legal advice. For specific guidance regarding copyright and the use of Fortnite dances, it is crucial to consult with a qualified legal professional. They can provide advice tailored to your specific situation and ensure compliance with copyright law.
Works Cited:
Chapter 11: Subject Matter and Scope of Copyright.” Copyright.gov, Library Of Congress, Chapter 1 – Circular 92 | U.S. Copyright Office.
