Family of "Orange Shirt Kid" To Join Fortnite Dance Legal Action

It seemed like just yesterday that a slew of celebrities and internet personalities were stepping up against Epic Games for the use of their dance moves in the popular battle royale game Fortnite. Now the "Orange Shirt Kid" (well, more like his mother) is joining them.

Initially reported by Variety, The mother of the child, who will remain nameless, is pursuing legal action against the game company for using his dance as an emote called "Orange Justice." This is the most recent lawsuit, with Rapper 2 Milly, Donald Faison, Alfonso Ribeiro, and "Backpack Kid" having done the same previously.

Unlike the previous examples, however, this one was technically given to Epic Games. The dance originated at a submission to Fortnite's Boogie Down contest, where the community would submit dance routines for the chance of becoming an in-game dance emote. The Orange Shirt kid's dance did not win, but became the community favorite, going viral not long after. Many players even petitioned for the dance to be made into the game anyway. Eventually Epic would oblige, making the Orange Justice dance emote.

The child's mother mentioned the viral nature of his video, as well as the petitions to include it. It also mentioned that Epic did not consult them regarding the decision and that Orange Shirt kid has suffered cyberbullying, forcing him to close his social media accounts.

The mother accuses Epic Games of copyright infringement, misappropriation of the dance move (changing its name from The Random to Orange Justice), and unfairly profiting from Orange Shirt Kid's creative expression and likeness without consent.

While Orange Justice was not a directly purchasable dance move, it could be unlocked via gameplay, specifically during the Season 4 as a battle pass feature, which cost about $10 to take part in.

The Family is being represented by Pierce Bainbridge Beck Price & Hecht LLP. This is the same firm representing other complainants. They are seeking unspecified damages and the dance's removal from Fortnite.