As the Dance Step is not protectable, there is nothing to compare to Fortnite, and the works necessarily are not substantially similar.”Įven putting that aside, Cendali sees too much difference.

“The Dance Step is just such an unprotectable idea as Ninth Circuit courts have held in similar situations involving movements, choreography, and poses. “Also, copyright does not protect mere ideas and concepts, which are free for all to use, but rather only the expression of those ideas,” continues the dismissal brief.

Although copyright law allows choreography to be protected, Epic seizes upon Copyright Office guidance that “simple routines” are not copyrightable or eligible for registration. Since 2 Milly filed first, he’s also the one to step up now and face Epic Games’ argument that no one can hold a monopoly on a swinging arm movement. Alleging his dance step known as “Swipe It” was misappropriated through a special feature that allows Fortnite players to emote his moves, he’s followed by others with claims, including Fresh Prince of Bel-Air star Alfonso Ribeiro. DC Studios Boss Says Jason Momoa 'Will Always Have a Home at DC,' Even If It's the 'End of the Journey' for 'Aquaman'Ģ Milly was the first to sue.

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