The creators behind the popular game “Fortnite” have been sued because they used the so-called floss dance in the game.
“Fortnite” has been sued by floss dance creator, 16-year-old Russell Horning, more famous as The Backpack Kid, who claims that the developer Epic Games have been guilty of copyright infringement when using the dance in Fortnite.
The floss dance, alleged to have been invented by Russell Horning, has been a phenomenon primarily on the internet since 2016.
Horning has also sued 2K Sports developers Interactive Two-Take Interactive.
Even the actor Alfonso Ribeiro has sued the companies for using his so-called Carlton dance from the television series “Fresh Prince in Bel Air”. The same is true of the rapper 2 Milly whose dance Milly rock is used in “Fortnite”.
Do they have a case?
Epic has told multiple outlets it does not plan to comment publicly on the suits while they’re ongoing, but it seems unlikely that they will claim otherwise
Instead, Epic may try to claim that the dances are not distinctive enough to be worthy of copyright protection. It is possible to copyright dance choreography, but the U.S. Copyright office specifically states that “commonplace movement and gestures” cannot be copyrighted. That includes specific short dances like “the YMCA,” because it’s just people making shapes with their arms. According to a legal expert who spoke to Variety, Epic may also claim that the dances in Fortnite are part of a larger procedure that goes beyond “doing the dance.”