There are a number of people who are suing Epic over dances included in Fortnite. We've heard why those people believe they are owed money for dances they claim to have created, or popularized. Epic has remained quiet for the most part with all this, but just today, Epic Games' attorney Dale Cendali has shared a statement. In particular, Mr. Cendali is responding to a lawsuit from rapper 2 Milly. 2 Milly claims Epic used his 'Swipe It' dance in-game without credit/compensation.
"Plaintiff's lawsuit is fundamentally at odds with free speech principles as it attempts to impose liability, ad thereby chill creative expression, by claiming rights that do not exist under the law. No one can own a dance step. Copyright law is clear that individual dance steps and simple dance routines are not protected by copyright, but rather are building blocks of free expression, which are in the public domain for choreographers, dancers, and the general public to use, perform, and enjoy.
Also, copyright does not protect mere ideas and concepts, which are free for all to use, but rather only the expression of those ideas. The Dance Step is just such an unprotectable idea as Ninth Circuit courts have held in similar situations involving movements, choreography, and poses. As the Dance Step is not protectable, there is nothing to compare to Fortnite, and the works necessarily are not substantially similar."
It appears this is the stance Epic is going to take with all the emote-related lawsuits they're being hit with. Whether the judge sides with Epic remains to be seen.