Mom of Orange Shirt Kid sues Epic Games over Orange Justice dance

Mom of Orange Shirt Kid sues Epic Games over Orange Justice dance

Rachel McCumbers represents her son, joining 2 Milly, Alfonso Ribeiro, and Backpack Kid in pursuance of legal recompense over the use of their dances and likenesses in Fortnite.

After the dance, which the lawsuit says is called "the Random", gained popularity, Fortnite players started a campaign to encourage Epic Games to incorporate the Random in "Fortnite", according to the suit.

The Orange Shirt Kid's Orange Justice dance was famously added to the game after losing Fortnite's Boogiedown Contest only for the game's community to rally enough for the developers to include the submission as a new emote. Thousands of applicants submitted moves, and Orange Shirt Kid's dance amassed widespread popularity but was not ultimately chosen as the victor. Applicants submitted their dance moves for the sole objective of having them included in the game, and the contest language made it very clear that winners would not profit monetarily from their dance moves being included.

Orange Shirt Kid submitted his dance to Epic as part of the BoogieDown contest.

The suit also notes that now when people perform this dance they don't call it the Random, but rather refer to it by the name used in Fortnite: "Orange Justice".

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The thrust of the case is much like the others, stating that the "Defendants have unfairly profited from exploiting Orange Shirt Kid's protected creative expression, likeness, and trademark without consent or authorization".

The tweets of him expressing his excitement over the emote being added to the game have also been deleted. It'll be so amusing. The dance wasn't a victor, but after fans petitioned for its inclusion in Fortnite anyway, the dance eventually made the cut as a free reward in the season four Battle Pass. Players did not need to purchase anything to get the emote.

The lawsuit does not mention the BoogieDown dance contest, though it does mention that Orange Shirt Kid's popularity "exploded" in early 2018 after a video of himself performing the dance went viral.

When reached for comment, an Epic representative said the company does not comment ongoing litigation.

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