Epic Games Faces Lawsuit from Orange Shirt Kid’s Mother over Dance Emote
The latest addition to Epic Games’ string of dance emote lawsuits comes from the mother of Orange Shirt Kid, a minor who created the “Random” dance. Rachel McCumbers is suing Epic Games on behalf of her son, alleging copyright infringement for the use of his signature dance move in Fortnite.
The lawsuit was filed last week by Pierce BainBridge Beck Price & Hecht, the same firm that filed similar lawsuits against Epic on behalf of 2 Milly, Alfonso Ribeiro, and Backpack Kid. These lawsuits accused Epic of using their dance moves in the battle royale game without permission.
Related: Epic Games Faces Lawsuit over Dance Emotes from Alfonso Ribeiro and Backpack Kid
McCumbers is seeking damages from Epic Games, including profits attributed to their unauthorized use of Orange Shirt Kid’s likeness and catchphrase.
Orange Shirt Kid submitted the Random dance to Fortnite’s BoogieDown dance contest, where players could submit their dances for possible inclusion in the game. Although Orange Shirt Kid’s dance gained significant popularity, it was not chosen as the winner. Fans of Orange Shirt Kid and Fortnite later started a petition demanding that the dance be added to the game—and it worked. Epic Games added the dance, now called Orange Justice, to Fortnite on May 1.
Since the addition of the dance emote, Orange Shirt Kid has mentioned it on Twitter, expressing excitement when it was added and anticipating funny moments in-game. However, Orange Shirt Kid has since deleted those tweets.
The rules for the BoogieDown dance contest state that participants grant Epic Games a license to use and modify their submissions. The rules also mention that contestants will not be paid, with prizes consisting of in-game currency and items valued at up to $250.
Players interested in the Orange Justice emote could unlock it at Tier 26, which was part of the free Battle Pass for season four. No purchases were necessary to obtain the emote.
The lawsuit does not specifically mention the BoogieDown dance contest, but highlights how Orange Shirt Kid’s popularity grew after a viral video of him performing the dance. It also mentions the fan campaign and cyberbullying that followed. McCumbers claims that Epic Games did not have consent or authorization to use the Random dance, which is now often associated with the game rather than Orange Shirt Kid himself.
When asked for comment, an Epic representative stated that the company does not comment on ongoing litigation.