WEIRD! Dancing Pumpkin Man THREATENS Epic Games, Receives Lawsuit

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The famous “Dancing Pumpkin Man” has been sued by Epic Games over the “Pump It Up” Emote, but it’s not because of the lack of copyright on dance moves.

#dancingpumpkinman #fortnite #epic

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38 COMMENTS

  1. 14:03 I disagree. Under certain cases, ie. a visual novel, the game does in fact play itself. I think these cases deserve a special exception to this analysis with the visual novel being the extreme example. Fair use is complicated…

  2. Leonard French, it's worth noting that ALL copyrightable materials are composites of multiple items which ARE NOT copyrightable!
    Yellow paint and canvas are not copyrightable, but when person applies yellow paint to a canvas that IS copyrightable.

    He modified the jack-o-lantern, and combined it with a leotard. Does that rise to the level of copyrightable? It might!
    Dance moves are often copyrightable in their own right. If you are combining a modified jack-o-lantern and specific dance steps to create a creative work, isn't that copyrightable? The Spooky Scary Skeletons dance video is absolutely protected by copyright.

    Is it possible that Epic failed to pay? Or that the document was not actually signed by Matt Geiler? It would make sense for him to sue for copyright infringement if he was not aware of a fraudulent license.

    Oh, wait, no, looking into this it looks like the dance they licensed WASN'T the one they USED.
    OOF!

  3. There were two dances it seems.

    https://www.youtube.com/watch?v=v4IC7qaNr7I <– This one he gave the licence for.

    https://www.youtube.com/watch?v=Sm_Ub29ZxVU <– There are a number of performances made by him

  4. Here's my guess, Matt Geiler is a comedian whose career/popularity was greatly helped with the dancing pumpkin man video. However, many of the videos I've seen with him usually show him as a general "goof-ball" (whether that is his true personality or a shtick to promote his comedy act, I don't know) and seems to have a very carefree attitude. I'm betting he, or his agent, had a brief talk with someone from Epic Games to use his likeness from pumpkin video and signed the license without looking too much into the fine print. Probably didn't like what he saw them do with it, or they didn't do something he thought they were going to, and decided to threaten litigation…probably just hoping Epic Games would throw more money at him to make him go away. I am with you, Leonard and am no fan of Epic Games, but think they're in the right here. Also, major congratulations!!!!!

  5. Congratulations! Have many many happy years! Thank you for sharing this special moment. You are clearly in love. Best of luck!

  6. My understanding of what I've seen elsewhere is that he threatened to Sue in an attempt to revoke the license. That the outcome he wants is a revocation of the license and the discontinuation by the video game companies

  7. 14:04 – 14:25 And Visual novels? Specially the ones that doesn't have different paths but it's one single history?

  8. They didn't actually take the video down. The URL in the document has incorrectly included the period at the end of the sentence. If you delete that, you'll find the video link works fine.

  9. Matt had a chance to kill Fortnite and he blew it! Just kidding, his lawsuit was a bad idea from the get go. Works about as well as Morgan Creek Productions suing Nintendo of America over an "infringed" soundtrack that they already paid a license for.

  10. well the puppies finaly got you to mary Kaily. i kind of assumed you two were already hitched. thats how perfectly you two mesh 🙂

  11. To their credit, the first thing i thought of when i saw the dance was the dancing pumpkin man do the white man's dance, but then again i watch too many memes. ;P

  12. What a crock… the two things that are similar are wearing a pumpkin mask and dancing. Not even three similarities! By his logic any head wearing pumpkins was something he infringed upon.

  13. If a dance has to be able to be described in prose then I would love to see a copyright lawsuit based on the Humpty dance!

    "Your honour, I did not violate the copyright because I looked like MC Hammer on meth, not crack"

  14. You know Leonard the macarena creator might sue you for using their moves , ha, ha ha, hahhahahahahaahahahahahaahahhha

  15. I don't get … so if a company decides to build a product from a very generic item and if some one makes a video/show/what ever that is similar to that product can get in trouble ?!?!!?!?

    So if I stuck a pumpkin on my head I will be in trouble, that is totally BS.

  16. The game Runequest from the late 70s had a creature called a Jack O Bear. Numerous miniatures were made over the last 3 decades depicting this creature. Example http://www.posullivandesign.com/content/jack-obear The creature is depicted as having a pumpkin head, and the miniature depicted dates from 1982, being produced by Citadel and Ral Partha.

  17. Read the license? I mean, this is a dispute over the terms of the license essentially. So what are the terms?

  18. I don't believe your "apples to sell apples" claim makes sense. After all, Xerox was able to use the word to sell xerox machines…

    OK. OK. I know the word genericized after Xerox became so popular and they need to run ads telling people to use the word photocopier.

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