It seems that 2 Milly busted the Fortnite litigation dam with his suit over the use of the Milly Rock as an in-game emote, and now every dancer that has had their moves co-opted by Epic is rearing their head.
It appears that dancers have been given confidence from other proceeding litigation, most notably from yesterday’s announcement that Alfonso Ribeiro (creator of The Carlton Dance) was suing Epic Games over the ‘Fresh’ emote which copies his moves.
Now we have the case of Russell Horning, the 17-year-old boy who you may know as ‘The Backpack Kid’ from his Instagram handle. If you have family below 15 years of age you may have seen them doing some strange hand and body movements in their free time, totally unprompted. What you witnessed is most likely the ‘Floss’, a dance move that Horning claims to have created which is now a worldwide sensation.
Now, as much as Horning popularized the dance, the immense power of the ‘Fortnite Dance’ trend turned it into a globally recognized move. Backpack Kid clearly isn’t happy about this, hence the lawsuit. In game, the emote is known as ‘Floss’, and players use it regularly, so much so that there are countless videos on YouTube of people recreating the Floss and calling it a ‘Fortnite Dance,’ which naturally is what driving creators to seek legal counsel.
The same law firm is representing all three of these celebrities in their fight for recompense from Fortnite. Many lawyers and legal professionals have been critical of these suits and are making it clear that it’s going to be tough for those looking to wade through the tricky swamp of copyright law.
As always, Epic Games has refused to comment on proceedings, so we shall see how this pans out. Who will be next to file? My money is on Blocboy JB, who most likely wants some reparations for Fortnite’s use of his ‘Shoot’ dance.