'Backpack Kid' suing Epic over Fortnite dance as well

'Backpack Kid' became all the rage last year thanks to a performance on Saturday Night Live alongside Katy Perry, and then shortly after, the same dance appeared in Fortnite. Now the mother of 'Backpack Kid' has decided to sue Epic over the dance's inclusion, saying they're exploiting her son. This lawsuit joins Alfonso Ribeiro, who is suing Epic over Fortnite's 'Fresh' dance, which is exactly the same as Ribeiro's 'Carlton Dance.'

Categories: Consoles
Tags: eshop, switch
Games: Fortnite


Top Rated Comment
Tue Dec 18 18 05:03pm
Rating: 9

Good, I hope they all win.

Another one! Had Fortnite been a commercial flop instead of the billion dollar success it is, would people have lined up to sue Epic? I think we all know the answer.

I mean, had those dances not been popular (or good), do you think Epic would've put in the time/effort to animate them?

Additionally, had Fortnite been a commercial flop, like it was before copping the Battle Royale concept, do you think they'd be creating assets for their 7th Season?

We could ask hypotheticals that make us seem like we have a point all day, but they wont really address the matter at hand.

Tue Dec 18 18 05:03pm
Rating: 9

Good, I hope they all win.

Wed Dec 19 18 07:13am
Rating: 1 (Updated 1 time)

Really? You hope they win? You hope they do severe damage to free use? You hope they unfairly alter how patent and trademarks work? As crappy as it is that Epic just took these dance moves, how many of these people actually went through the effort to copyright the moves? Odds are the answer is none, primarily because for a dance to be copyrighted it has to be choreography, which these moves are not. Shit, The Carlton was literally stolen from a Bruce Springsteen music video, the thing this Backpack Kid is suing about is nothing but flailing your arms around. If they win that will do severe damage to free use and in the long run that will hurt more little people than big, evil corporations.

But aren't these people exploiting Epic Games' succes with Fortnite?

Tue Dec 18 18 05:22pm
Rating: 3 (Updated 1 time)

Isn’t Epic exploiting these people that invented/popularized these dance moves, since they make their customers pay for the emotes?

I suppose, but isn't that a case by case basis?

Or did Carlton gets a cut of that sequence or use of that dance?

Reminds me of that Simpsons episode of the Itchy and Scratchy creator.

There are no innocents in the world. We're all thieves and crooks.

Yup. Well unless you're like 2.

Good in em, they went paid for their likeness.

Did he invent the dance, or simply popularize it?

I think there's a hierarchy regarding these type of intellectual properties. Even if "Backpack Kid" didnt invent the dance, he would likely get the credit if, 1) The true inventor doesnt step up, and/or 2) There's no proof of the dance having prominence or popularity before the moment it became popular.


But from my perspective, you have someone doing a very simplistic "dance" pattern that did not originate with them. Copyrighting dance moves is already dubious in my book. But claiming a copyright on such a simple motion that he did not even create? I think it's just too much of a stretch.

Then again, I'm not a judge Smile

Tue Dec 18 18 08:38pm
Rating: 1

There is at least one video online of a person who did that dance before him.

Good on them.
Then again calling the kids dance a dance has always been a stretch to me..

I have no idea copyright works when it comes to dance moves. Does anyone here actually know (not just speculation)?

Can we all agree this is just the worst dance move ever.


my local news station say does not look good because none of the people suing have actually bought the copyrights to and of the likeness


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