The rapper who goes by 2 Milly says Epic Games misappropriated his dance, the "Milly Rock".
A U.S. rapper has taken legal action against the creators of popular video game Fortnite, claiming it uses a dance move he created without his permission.
In a lawsuit filed on Wednesday 2 Milly accuses Fortnite developer Epic Games of "unauthorised misappropriation".
Ferguson said the game both steals his creation and as a result appropriates his likeness.
The lawsuit asks a judge to order the video game to stop using his moves, and for damages to be determined later.
Epic Games spokesman Nick Chester declined comment.
The fight-to-the-finish game "Fortnite" quickly became one of the most popular in history after its 2017 release. In the game, the dance move was called "Swipe It" and was available to purchase for $5, but is reportedly no longer available as an "emote".
The suit follows numerous claims that Fortnite has replicated dance moves previously associated with stars like Snoop Dogg, Michael Jackson and others.
Chance the Rapper criticized the game for not including the songs behind some of its dances, giving artists a chance to share in its wealth.
Actor Donald Faison, whose dance from the TV show Scrubs appears in an "emote", tweeted in March, "I'm flattered? Though part of me thinks I should talk to a lawyer".
"There are likely to be First Amendment and fair-use defences.in the context of a video game", Rothman said, "which is understood as fully protected speech, on par with motion pictures and books".