Epic Games called on the judges to reject the claim of Terence's 2 Milly Ferguson, who accused Epic of moving his Milly Rock dance movements to Fortnite . Epic responded to Ferguson's complaint by providing a long list of legal remedies, including the statement that his dance emoticon, called Swipe It, does not even use the same movements.
In his defense, Epic's lawyers wrote that Ferguson's dance – as seen in the music video below – was too easy to protect copyright. "No one can have a dance step," the movement says, because "individual dance steps and simple dance routines are not protected by copyright and are elements of free expression". He also said the context was very different: "Milly Rock" moves "listening and dancing with friends, Swipe's role Fortnite is to allow players to express themselves in the battlefield."
says Milly Rock dance and Swipe It's just tangentially related. His defense describes in detail the participation of each dance based on a video claim. (Unfortunately, no charts are attached.) Here's a description of Milly's movement:
The dance step consists of a side step to the right and a left hand turning horizontally through the chest to the right, followed by a backward movement on the other side – namely the side step left and right hand tilted horizontally through chest to the left.
And here's a description of Swipe It:
Conversely, Swipe It from (1) changing hand movements, sometimes using a straight, horizontal arc through the chest, and other times, starting below the hips and then running diagonally in the bows through the body, to the shoulder, and by turning on the balls and heel legs, (2) right arm wrapping before swinging, and 3) rotation of the hands and forearms between the swipes
Also, since the torso, shoulders and head face in the dance step forward and the ribs are moved from one side to the other elements; "Swipe It, torso, shoulders and head turn to the side of the arm movement, while the ribs situation remains
2" Milly "dance is also performed" significantly faster "pace [19659009Taiištikrųjųsvarbiinformacijanes"FergusonskundasteigėkadEpicanalizėsirkopijosšokinėjarėmuosetodėlemocijoskuriosvisaisatžvilgiaisbuvo"identical"suoriginaluBetjudesiaivisdaryrapanašūsirdaugelisžmoniųyraužmezgęryšįtarp Forty emote and 2 Milly dance step.
The more interesting question is still when (and whether) you can legitimately have a short dance similar to Milly Rock. Dance can only be protected by copyright if it reaches the level of "choreography" and there is not much established case law on video game gestures. Ferguson's action is one of the few complaints against the emotions of Epic Fortnite – every situation is slightly different, and they all climbed up the dancers involved.
There are reasons to avoid stringent legal protection measures for short dance sequences – copyright can suppress new, creative applications of old creations. However, as recently stated Waypoint copying artists such as Ferguson (especially without credit) may still be unethical, even if it turns out to be legitimate.