Epic Games is facing another lawsuit now that pertains to its Fortnite game, this one centered around an emote where players dance around while playing a saxophone. Past lawsuits have come from figures such as Fresh Prince of Bel-Air star Alfonso Ribeiro and various rappers, but this one is being pursued by a well-known saxophone player named Leo Pellegrino who claims Epic Games used his likeness without his permission.
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The Verge reported on the lawsuit Pellegrino and the Pierce Bainbridge Beck Price & Hecht LLP law firm are pursuing and said the legal action deals with the “Phone It In” emote. If you don’t recognize Pellegrino by his name alone, you might recognize him as the saxophone player for the group Too Many Zooz. If you’re still unfamiliar with the name, the video above may look familiar to anyone who’s seen the performer’s unique dance moves while playing the instrument.
Pellegrino’s moves are indeed unique, but that means it’s also easy to connect the dots between the musician and the Fortnite emote. The video above that shows the emote and the one below that shows Pellegrino performing solo gives better looks at both the in-game gesture and the dance moves. If you think they’re similar, you aren’t alone.
When reached for comment by The Verge, the law firm said Pellegrino uses “outward pointing feet” when playing the saxophone and that the performer is “duck-footed” which leads to the unique shows Pellegrino puts on.
Pellegrino isn’t the first to pursue legal action against Epic Games over in-game emotes and dances, and if the others are any indication of how this one will go, it’s unlikely any progress will be made anytime soon. Previous lawsuits were put on hold before being temporarily dropped in the wake of some copyright debates, though they could be picked up again at a later date.
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