The video game developer Epic Games bought a dance for $10,000, which they then used in Fortnite as an emote. However, the “Dancing Pumpkin Man,” who created this dance, filed a cease and desist. In response, Epic is now suing him.
Who is this dancing pumpkin man? The man is named Matt Geiler, known as “the Dancing Pumpkin Man.” This goes back to a viral video from 2006.
Geiler was then a news anchor in Omaha, Nebraska, but was able to express himself freely there. One day, the “Dancing Pumpkin Man” was born, which then went viral online. A YouTube video has over 9 million views.
Controversy over Halloween dance in Fortnite
What does Epic have to do with it? Epic claims they purchased the rights to the dance from Geiler and used it for an emote: the “Pump It Up” emote. The character dances, and the head of the character turns into a pumpkin.
The “Pump It Up” emote was available for one day in the Cash Shop of Fortnite as part of the 2019 Halloween event “Fortnitemare.”
According to Epic Games’ lawyer, they paid $10,000 for it.
Mix of Dance and Head Doesn’t Suit Pumpkin Man
This is the problem now: Geiler apparently doesn’t agree with how these rights were executed. He sent a cease and desist letter to Epic.
The actor who played Carlton in “The Fresh Prince of Bel-Air” even filed a lawsuit:
He apparently argues that the combination of the dance and the pumpkin head limits his copyright. Because the combination of dance and costume represents a “recognizable character,” his dancing pumpkin man.
Epic subsequently filed a lawsuit against Geiler to invalidate this cease and desist.
In principle, the court is supposed to declare that Epic is in the right and does not have to observe the cease and desist. If Geiler wants to pursue it, but loses, he would incur court and attorney fees.
So Epic is passing the pressure on to Geiler.
Epic argues:
- They paid for the dance
- Geiler’s costume 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 did not design the costume, the mask, or the song in his own video
Epic has been sued before for using dances from pop culture in Fortnite without informing the artists beforehand. This often involves dances from black artists. For example, actor Donald Faison (Turk) from the TV series Scrubs has already complained about Epic.
The actor who played Carlton in “The Fresh Prince of Bel-Air” even filed a lawsuit:
