Epic Games ordered a judge to dismiss a complaint by rapper Terrence "2 Milly" Ferguson, who accused Epic of copying his "Milly Rock" dance moves into a Fortnite player. Epic responded to Ferguson's lawsuit with a long list of legal defenses – including the claim that his dance emote, known as "Swipe It," does not even take the same steps.
The lawyers at Epic wrote this Ferguson dance – as seen in the music video below – was too easy to be copyrighted. "No one can take a dance step," it says in the movement, because "individual dance steps and simple dance routines are not protected by copyright, but are building blocks of free expression." It is also argued that the context is significantly different: during Ferguson used "Milly Rock" -moves "while listening to music and dancing with his friends Swipe His role in Fortnite is that players can express themselves on the battlefield."
Beyond these claims, Epic claims that the "Milly Rock" dance and swipe it are only tangentially connected. His defense details the moves involved in each dance based on the video submitted for the lawsuit. (Unfortunately, there is no accompanying diagram.) Here is the description of 2 Milly's Train:
The dance step consists of a lateral step to the right, with the left arm swung horizontally across the chest to the right and the step reversed becomes the same movement on the other side – one step to the left, while the right arm is swung horizontally across the chest to the left.
And so it describes "Swipe It":
In contrast, Swipe It consists of (1) varying arm movements, sometimes using a straight horizontal arch across the chest, and at other times, below the hip begin and then run diagonally across the body to the shoulder while swinging the feet on the balls and heels, (2) raising the right arm before wiping and (3) rolling the hands and forearms between wiping motions ,
Also in the Dance Step, the torso, shoulders and head face forward while the ribs move from side to side with the arm ements; In Swipe It, the torso, shoulders and head rotate with the arm movement to the side and the ribs remain in place.
2 Milly's dance is also performed at a "significantly faster" pace.  These are really important details, as Ferguson's claim claimed Epic analyzed and copied dance moves frame by frame, resulting in emotes that were "identical" in every way with the original. But the trains are still similar, and many people have made the connection between the emote of Fortnite and 2 Milly's dance step.
The more interesting topic is still when (and if) you can legally own a short dance like that of "Milly Rock". Dance can only be copyrighted if it reaches the level of "choreography" and there is no established case law on video game gestures. Ferguson's lawsuit is one of the few lawsuits against Epic over Fortnite – emotes – each situation somewhat different, and all lead to fierce battles for the dancers involved.
There are Good Reasons to Give Strict Legal Protection Short Dance Sequences – Copyright may stifle new creative adaptations of old works. As Waypoint recently argued, copying artists like Ferguson (especially without credit) could still be unethical, even if it turns out to be legal.