×
You will be redirected back to your article in seconds

Mom of ‘Fortnite’ Superfan Orange Shirt Kid Sues Epic Over Use of His Dance

The mother of the young boy affectionately known as Orange Shirt Kid, whose awkward “Orange Justice” dance won over so many “Fortnite” players they convinced Epic Games to put it into the game, is now suing the studio over its inclusion.

While this is just the latest in a strong of plaintiff’s going after Epic Games for inclusion of their dance moves in “Fortnite,” what makes this particular case odd is that the “Orange Shirt Kid” submitted the dance to Epic Game’s BoogieDown contest to have the dance included in the game. When he didn’t make the cut a mass of players took to Change.Org to petition Epic to include him in the game. Eventually, much to the delight of the kid himself, they got their way.

In the rules for the contest, Epic spells out that players won’t be paid for the use of selected dance moves and also notes that it has the right to use the dance for publicity for the game. The dance was also never sold, but instead given away as part of the free battle pass. So it had to be unlocked by playing, but not through a purchase.

In the lawsuit, filed last week, there’s no mention of the BoogieDown contest, nor of the tweets — now deleted — from Orange Shirt Kid in which he submits his dance moves or celebrates Epic’s post-contest decision to add him to the game. Instead, the child’s mother, Rachel McCumbers, says that Orange Shirt Kid “exploded in popularity in or around early 2018, after he made a video of himself performing the Random and the accompany Catchphrase.”

Popular on Variety

After the dance, which the lawsuit says is called “the Random,” gained popularity, Fortnite players started a campaign to encourage Epic Games to incorporate the Random in “Fortnite,” according to the suit. It also notes that the child was the victim of “extreme cyberbullying” and that he was forced to deactivate both his Instagram and YouTube accounts.

The suit also notes that now when people perform this dance they don’t call it the Random, but rather refer to it by the name used in Fortnite: “Orange Justice.”

McCumbers is seeking unspecified damages.

Pierce Bainbridge Beck Price & Hecht LLP, which filed this lawsuit, is also the law firm behind complaints filed against Epic Games by Brooklyn rapper 2 Milly, actor Alfonso Ribeiro, and Instagram star Backpack Kid over the use of their dance moves in the game.

For a deeper dive into the issues surrounding the “Fortnite” dance lawsuits, make sure to read our explainer.

More Gaming

  • Riot Games

    Riot Games to Pay $10 Million to Settle Gender-Discrimination Lawsuit

    Riot Games, developer of “League of Legends,” will fork over at least $10 million to settle a class-action lawsuit filed on behalf of women employees alleging the company’s “bro culture” resulted in systemic gender discrimination. Terms of the settlement in the case, reached in August, were revealed in court documents filed last week in California [...]

  • Dreamscape_Dragon vr

    Dreamscape Gets ‘DreamWorks Dragons Flight Academy’ VR Experience (EXCLUSIVE)

    Location-based virtual reality (VR) startup Dreamscape has teamed up with DreamWorks Animation to launch a new “How to Train Your Dragons” experience at its flagship Westfield Century City VR center in Los Angeles later this month. The 11-minute “DreamWorks Dragons Flight Academy” experience allows up to 8 participants to hone their dragon-flying skills together, and [...]

  • YouTube logo

    YouTube Eases Restrictions on 'Simulated' Violence in Gaming Content

    YouTube announced a change to its content guidelines that will be more permissive in allowing depictions of violence in video-game content — as long as it’s not the sole focus of a video. Starting on Dec. 2, YouTube said, scripted or simulated violent content found in video games will be treated the same as scripted [...]

  • Disney’s Frozen 2 and Laika’s Missing

    'Frozen 2,' 'Missing Link' Lead 47th Annie Award Nominations

    Disney’s “Frozen 2” and Laika’s “Missing Link” led the 47th Annie Award nominations Dec. 2 with eight each and will battle it out for best animated feature along with DreamWorks Animation’s “How to Train Your Dragon: The Hidden World,” Netflix’s “Klaus” and Pixar’s “Toy Story 4” when the ceremony is held on Jan. 25 at [...]

  • Black Friday Deals: Oculus Rift, PlayStation

    The Best Black Friday Deals for VR Headsets, Apps & Games

    Getting your own virtual reality (VR) setup at home used to be costly, requiring not only an expensive headset but also a full-blown gaming PC. Not anymore: The latest generation of all-in-one devices has made VR a lot more affordable, and deep discounts for the holiday season serve as another incentive to finally make the [...]

  • Beat Saber Acquired by Facebook, Company

    Facebook Buys the Maker of the Popular VR Game 'Beat Saber'

    Facebook has acquired Beat Games, the maker of the popular virtual reality (VR) music game “Beat Saber”, the social media giant announced Tuesday. Beat Games will operate as an independent studio under Oculus Studios, and continue to support “Beat Saber” on all existing platforms, according to a blog post penned by Facebook AR/VR director of [...]

  • Kris Bowers, Alan Silvestri, and Catherine

    Alan Silvestri, Cynthia Erivo, Bebe Rexha Among Hollywood Music in Media Award Winners

    The 10th annual Hollywood Music in Media Awards rewarded a diverse crop of composers, songwriters and music supervisors who contributed to film, TV and videogames over the last year, from scorers Alan Silvestri, Hildur Guðnadóttir, Marco Beltrami and Michael Abels to tunesmiths Cynthia Erivo, Bebe Rexha and the Avett Brothers to Quentin Tarantino’s longtime music sidekick, [...]

More From Our Brands

Access exclusive content