Donald Faison, who played Turk on the TV show Scrubs, has accused Fortnite of “jacking” the distinctive dance performed by his character on the show and offering it as an “emote” in the game. In March, he tweeted: “Dear fortnite … I’m flattered? Though part of me thinks I should talk to a lawyer.”
Yesterday, it was reported that Epic Games are facing legal action for allegedly stealing the ‘Carlton dance’ from Fresh Prince of Bel-Air. Actor Alfonso Ribeiro – who portrayed the character in the ’90s sitcom – filed a suit after players could purchase an ’emote’ or a dance called ‘Fresh’, which characters can perform as a celebration within the game.
“I’m just a teen having fun in life, I leave all that other stuff to the adults”
Fortnite are being sued by ‘the Backpack Kid’ for using his popular dance move ‘The Floss’ in the game without permission.
A lawsuit has been filed on behalf of Russell Horning, aka the Backpack Kid, against a video game company, alleging they breached his copyright for including his signature dance move “flossing” in their wildly popular game Fortnite.
Horning, 16, is credited with popularising “The Floss”, and became famous when he did the dance on Saturday Night Live during a performance by Katy Perry in 2016.
The law firm representing him told Variety magazine that a lawsuit had been filed against Epic Games and Take-Two Interactive on Horning’s behalf in relation to the use of the dance in the game.
Horning has become the latest person to file a lawsuit against the companies, following the Brooklyn rapper 2 Milly and The Fresh Prince of Bel-Air star Alfonso Ribeiro.
Russell Horning, also known as Backpack Kid, is the latest celebrity to sue Epic games over claims that the company used his dance in Fortnite without permission, according to Horning’s legal representatives.
The dance Horning is claiming ownership over, “Flossing,” was what first helped him gain notoriety online. After posting videos of himself doing the dance on Instagram, Horning quickly became a viral sensation getting invited to various events and performances for his signature dance. The Fortnite dance emote that provoked the legal action is called “The Floss,” and is instantly recognizable as the dance that Horning made famous.
Horning joins actor Alfonso Ribeiro and rapper 2 Milly — all represented by the same law firm — as the third celebrity to file a complaint against Epic Games in the last month.
Just like these other performers, Horning does not own the copyright to his dance — a very important and difficult step in claiming ownership — but has filed for it. Unlike his fellow performers, Horning has participated at Epic sanctioned events in the past in relation to Fortnite. Back in June of 2018, Horning played in the game’s E3 Pro-Am. During the event, Horning was asked by TMZ whether or not he thought he should get anything from having his dance in the game and he replied, “it’s not that big of a deal, I’m just glad it’s in the game.”
When reaching out to Epic about the original 2 Milly lawsuit the company told Polygon that it, does not “comment on ongoing litigation.”