Epic sued over yet another Fortnite dance, this time by Orange Shirt Kid's mom

Not only is the goofy dance popularized by the 'Orange Shirt Kid' a great exercise move, it's also great way to exercise the law. Upon submitting a dance to the Fortnite BoogieDown contest, the Orange Shirt Kid quickly found himself at the center of internet celebrity. The dance wasn't a winner, 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. It was a feel-good internet story at the time.

But now the mother of Orange Shirt Kid is suing Epic over the inclusion of his dance in Fortnite.

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lxeasy38d ago

Fortnite stole Pubg's idea now they stealing dance moves...lmaol smh when will it end

memots37d ago

bah everything was ripped off from something else. Look at TeamFortress 2 by Valve . That was a mod for Quake before. Dota/Moba all of them stole idea's from the original Mod from Warcraft 3.

porkChop37d ago

Battle Royale existed before PUBG. Did Fortnite include BR because of PUBG's popularity? Yeah, probably. But it wasn't PlayerUnknown's idea or concept.

King_Noctis37d ago

It is not a probability at this point. Fornite added battle because of PUBG and its success.

Now whether or not battle royale fully exist before PUBG, that is a question for another day. But you can’t deny that PUBG is the first one to bring battle royale to the limelight.

UnHoly_One37d ago

What game did battle royale before PUBG?

And I'm not just talking number of players.

The whole concept with dropping into the play zone to pick your starting point, and the shrinking playable area, etc...

Michiel198937d ago

Wasnt h1z1 before pubg?

The thing that started all this battle royale survival stuff was Dayz although it was more focussed on the surviving aspect and didnt have the poison gas as far as im aware. Im not a fan of the battle royale games so I hope the hype dies down soon so we can get some 'normal' multiplayer games again. One game did have me interested in it though, think its called Spellbreaker, basically replaces guns and cars with magic and flying/floating, but doubt that will keep my attention for more than a month.

LightofDarkness37d ago

The whole concept is literally ripped off from a Japanese book (adapted to manga, anime and movie) called Battle Royale. Right down to the shrinking zones with gas. If anyone deserves to sue it's the author.

one2thr37d ago (Edited 37d ago )

I played in a modded lobby in "Rust", that did BR before I even heard of a Pubg or Fortnite, just to think about it, I played that match a week or so after buying rust in 2015.

Michiel198936d ago

@light we watched that movie in highschool when we were on a trip to france, teacher turned it off after 15 min or so haha....
That movie was also the first thing that came to mind when i saw the trailer for the first Hunger Games

trouble_bubble36d ago

WWE has had Battle Royales since the 1980’s. The Royal Rumble has been an annual PPV for 30 years and pretty much coined the damn term “battle royale”. They should all pay a % to Vince.

Videogames used to call it Last Man Standing. COD has had one life matches for years. The shrinking playable area? Omfg if we’re gonna go there, I can’t tell you how many TDM variants there are out there with modifiers. Zones, domination, conquest, capture and hold. All spins on the same mode. Difference is nobody was so sensitive back then that they sued eachother over e-peen.

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Eidolon37d ago (Edited 37d ago )

Well in this case he wanted it to be used in Fortnite, there was no prospect of payment. And if you look at the dance, it's really not a 1:1 steal as say, the Srubs dance.

rainslacker36d ago

PUBG doesn't own the idea(genre) of BG, so there was nothing to steal. Copy it, maybe, but this attempt at people acting like PUBG is the only one that can even try or else suffer criticism is really a ass backwards way to think, because every game nowadays is just an extension of what came before.

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Goldby37d ago

Ost doesnt have any grounds to sue. He signed off all ownership when he entered it into the contest

Idree37d ago

He stole it form roy purdy LOL.
Imagine the mental gymnastics required to justify suing Epic for royalties for a dance he stole himself....

rainslacker37d ago

He didn't create the dance. Even the article said he popularized it, which isn't a valid claim for ownership. Same with the floss or the carlton.

PoSTedUP37d ago (Edited 37d ago )

if the dance didnt have a copywrite then they cant win the lawsuit.

OffRoadKing37d ago

The fact you got down voted only shows the ignorance of some people especially as it pertains to how the law works.

PoSTedUP37d ago

haha. trust me i love this site and all and ive been here for a while (i can say a long time now, i think), but there is enough ignorance to go around.

dillydadally37d ago (Edited 37d ago )

I'm sorry, I usually don't comment on things like this but the irony of your statement made me laugh, as it's quite clear you don't know how the law works. As someone who deals with this stuff as part of his job, you don't have to officially copyright something for it to be copyrighted. Just the act of you creating it makes it belong to you. If you write a book or create a website and someone copies it, you can still sue and win regardless if you officially copyrighted it. Officially copyrighting it just gives you added protections.

Now whether a dance can be copyrighted or not is a totally different question.

PoSTedUP37d ago

@ dilly. You have to have proof that it is yours for that copywrite to be effective, it isn't just "automatically copywrited when you create it." If you don't have anything dated or someway to prove you are thw originator, it can very well be someone elses after they steal it.

And this dance has to have a registered copywrite for it to hold any grounds in court due to the size. And it probably still will not hold up because it like trying to copywrite a small phrase or a saying. Not happening.

rainslacker36d ago


In the case of dances, you have rights to copyright after a recording is publicly broadcast, or the scripted choreography is printed in a way that issues copyright. A public performance is also sufficient to give the rights to copyright. There are a couple other ways to get this right. The laws explicitely say what is acceptable for copyrighting a dance, and what is actually able to be copyrighted. In all these cases, there isn't enough of the dance there to be considered part of a copyright. One or two dance moves, isn't something that can be copyrighted.

Anyhow, to actually sue, you do need to register the copyright, and be awarded the copyright by whoever determines such things. This is actually true of most copyright law, but getting a copyright registered is not really all that hard if you have tangible proof you own something.

dillydadally34d ago

@rainslacker Everything you said is accurate. However, it also doesn't contradict anything I said - it only provides more details. As long as you're not looking for statutory damages, which granted I'm pretty sure these guys are because they're money hungry, there is no problem with getting the copyright registered now and then suing. The case isn't lost because they didn't copyright it yet like the OP indicated. I also completely agree that I don't think there's enough of a dance here to copyright.

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rdgneoz337d ago

It's the reason no lawsuit will work. Without a copyright on the dance moves, you have no legal legs to stand on. Hell, even the 'Carlton' does not have a copyright, because he's literally said in interviews that he copied courtney cox in a Bruce Springsteen video because it was the whitest dance he knew.

KickSpinFilter37d ago

Not only that, intent was listed in the boilerplate for the contest. No grounds to stand on for Orange shirt.

Lynx020737d ago

Wow. That is a little crazy for me. In the country I live in there is no need to copywrite everything, all you have to do is to prove that you are the original author and someone else is making money on it...

dillydadally37d ago

It's the same in the U.S. too and all these idiots up voting and commenting on this are just ignorant of the law. It's hilarious, especially the ones acting like others are idiots for downvoting.

rainslacker36d ago

You don't need to register a copyright for everything. But you actually do need to be the registered owner of a copyright to sue another individual or entity. Even pursuing DMCA claims requires you register, however, most sites that deal with such things tend to not require any proof or registration, because they don't want to be held liable for hosting such things.

dillydadally34d ago

Because people are still contradicting and downvoting me for some reason, here's proof that things work the way you say in the U.S. too: https://copyrightalliance.o...

dillydadally37d ago

This is completely untrue and pretty sad that so many people are unfamiliar enough with the way copyright works that they are upvoting this. Applicable things are automatically copyrighted when you create them without you having to do a thing. If you wrote a poem on the back of your homework and then someone took it and published it without your permission, you could totally sue them and win because you were the author and the copyright holder of that poem. In fact, if you create a website, you can put copyrighted at the bottom without actually doing any other action (such as registering anything with the government). Writing that or getting something officially copyrighted just offers you a little added legal protection, such as throwing out the argument in court that it was unclear that the content was copyrighted.

OffRoadKing37d ago

Dude you should just stop already, making a comment like "you don't have to officially copyright something for it to be copyrighted" just made you look completely foolish, you clearly don't deal with this as part of your job so stop pretending like you do. Obviously its you who doesn't know how the law works on top of that you dont know what irony means. You and the yellow shirt kid do have one thing in common, neither of you have a leg to stand on.

PoSTedUP37d ago (Edited 37d ago )

"Applicable things are automatically copyrighted when you create them without you having to do a thing."

Not true at all. You have to do "a thing" they aren't just yours when you create them. You have to have proof you created them before anyone else. A poem on the back of a sticky note is not yours and copywrited automatically wothout some sort of proof you created it first before anyone else.

A website is different considering it has a registered date and time of creation. So you are correct in that light.

rainslacker36d ago

"Applicable things are automatically copyrighted when you create them without you having to do a thing"

Correct. In fact, most works aren't required to be registered. Including dances.

But, if you do your homework, you'll see that you do have to register the copyright to actually sue someone over it. This is true of all copyrightable work, books, writings, music, movies, TV, media in general, and of course, dances. This is so the courts aren't the ones that have to go through the process of determining if someone owns the copyright, just if said copyright was infringed upon.

For all your posturing about being knowledgeable, at least find all the facts, and not just taking part of the law, and extrapolating the full extent of what is and isn't required.

Some things are automatically registered when released or published in certain ways, namely published books, movies, TV shows, music, or video games.

Dances however are exempt from this automatic registration, and the law specifically stipulates that such works have to be registered. A registration now, can be applied to infringement that is ongoing after the official registration. But, it may not be retroactively applied to cases of infringement.

It's nice you cite a poem as an example, and with written work, automatic registration is par for the course, so long as proof can be proven of first printing should it ever come to court.

But the laws surrounding dance, or other forms of copyrightable work, vary, and it's not a catch all law for what you're talking about.

PoSTedUP36d ago

@rainslacker. If I wrote a book, its not automatically copywrited. If I don't have anything with a timestamp or proof of when I wrote it, or that I wrote it, its not copywrited. Its yours to steal. Thus not "automatically copywrited". In order for the automatic protection to work dealing with something unpublished you need to have some tangible proof of when the material or expression was created and that you created it.

dillydadally34d ago

@rainslacker Again, everything you said is true, except that you're acting like what I said wasn't true or that I don't understand copyright for some reason because I didn't explain every detail on a video game forum? Nothing you said contradicts my statement.

I don't have to provide a book on copyright to explain that you're the copyright holder whether you've registered or not and that if you never registered you still have protections.

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OffRoadKing37d ago

Dude dont even bother wasting your breath with that dilly kid no one who truly knew the law or how copyrighting worked would say the ignorant stuff he's saying.

PoSTedUP36d ago

Indeed true. This dance in fact has to have a copywrite its like a 4 step 5 second thing. Its like me saying "those 5 words, in that order, are mine. I said them like a year ago here's the proof on my n4g comment history."

dillydadally34d ago

I did not think people would question me see as how I have dealt with copyright law most of my career. This entire thread is pathetic and sad.

Very well, here's proof: https://copyrightalliance.o...

dillydadally34d ago

And a bunch of idiots still attacked me and downvoted my posts. Amazing. The ignorance on this site has no end. Even when someone says they work with copyright law they still hang on to their ignorance and will actively fight the person with more knowledge on the subject.

Here's your proof then: https://copyrightalliance.o...

Just read the very first question.

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ZaWarudo37d ago

Yeah this will hold no ground in court lmao. The kid submitted his dance for Epic Games to use in Fortnite.