February 6,2019:
The online video game developed by Epic Games has been the victim of a number of lawsuits and all of them revolve around infringing dance moves. After Rapper 2 Milly, Alfonso Ribiero,and Backpack Kid, another lawsuit has emerged against Epic Games for including their dance move in Fortnite.
This time, the mother of ‘Orange Shirt Kid’ is suing Fortnite for adding his son’s dance routine known as ‘Orange Justice’ in the game.
The complaint was filed by Rachel McCumbers in California Court. McCumbers is the mother of the boy known as Orange Shirt Kid whose video went viral within the Fortnite community.
The lawsuit alleges Copyright Infringement, arguing that Epic Games copied the dance move and “did not credit the Orange Shirt Kid nor seek his consent to use, display, reproduce, sell, or create a derivative work based upon Orange Shirt Kid’s Random dance or likeness in Fortnite.”
In this case, a dance called ‘The Random’ was submitted directly to Fortnite by a child for the game’s Boogie Down contest, but the dance didn’t win.
In a change.org petition, 14,428 people signed to ask Epic to crown ‘The Random’ dance as the winner. Epic didn’t crown it the winner but did include the dance in the game under the name ‘Orange Justice’.
McCumbers is represented by the same firm which is responsible for the other complaints against Epic Games who say that Epic took their original dance and profited from them by selling it on Fortnite. McCumbers seek an unspecified amount of damages and the dance’s removal from Fortnite.
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