‘Fortnite’ Creator Says ‘Milly Rock’ Dance Isn’t Protectable (1)

The creator of “Fortnite” didn’t infringe rapper 2 Milly’s copyright because his “Milly Rock” dance isn’t copyrightable, Epic Games told the U.S. District Court for the Central District of California Feb. 11.

Even if it is, the Milly Rock and the allegedly infringing Fortnite animation aren’t substantially similar, Epic said in a motion to dismiss 2 Milly’s complaint. The rapper, whose legal name is Terrence Ferguson, said he created the Milly Rock dance in 2014.

Epic sells “emotes,” specific animations for Fortnite’s in-game avatars. Fortnite began selling the “Swipe It” emote, which 2 Milly asserts is identical to the Milly ...