Fortnite creators Epic Games sued over dance by mother of 'orange shirt kid'

The lawsuit claims the Orange Justice dance move is 'inextricably linked to Orange Shirt Kid... and his celebrity persona'

Emotes help Epic Games generate revenue in the free-to-play game (Epic Games)

The mother of a Fortnite fan known online as Orange Shirt Kid is suing the game's creators for including a dance he created.

It is the latest lawsuit to be brought against Epic Games relating to emote dance moves, following similar cases brought forward by Fresh Prince of Bel-Air actor Alfonso Ribeiro and 'Backpack Kid' Russell Horning.

The latest lawsuit is seeking unspecified damages for Epic Games including the 'Orange Justice' emote within Fortnite.

It states: "Through its unauthorised misappropriation of Orange Shirt Kid's highly popular signature dance, the 'Random,' along with his well-known catchphrase 'It's also a great exercise move!" in its smash-hit, violent video game, Fortnite Battle Royale, defendants have unfairly profited from exploiting Orange Shirt Kid's protected creative expression, likeness, and trademark without consent or authorisation."

The lawsuit goes on to describe Orange Shirt Kid as a "child performer", adding that the dance move and catchphrase is "now inextricably linked to Orange Shirt Kid and continue to be a part of his celebrity persona."

Despite claiming the Epic Games did not seek the child's consent, the dance move was willingly entered into Fortnite's BoogieDown contest to create a new emote that could be used in the game.

The boy did not win the competition but a subsequent campaign to have the move included went viral, with an online peition gaining more than 14,000 signatures.

In the BoogieDown competition's terms and conditions, Epic Games stated that contestants would not receive monetary compensaion for their submissions.

Epic Games also did not charge for the Orange Justice emote that is allegedly based on the child's submission.

Yet the lawsuit against them states: "Epic cannot profit from Orange Shirt Kid's hard-earned fame by its misappropriation of the Random, Orange Shirt Kid's likeness, or the Catchphrase."

The lawsuit, which was first spotted by Variety, was filed by Pierce Bainbridge Beck Price & Hecht LLP – the same firm behind both Mr Ribeiro and Mr Horning's cases.

Epic Games declined to comment on any of the ongoing lawsuits.