Backpack Kid Sues 'Fortnite' For Using The Floss Dance Move

A kid who you may or may not have heard of, nicknamed 'The Backpack Kid', is suing the company that makes the video game Fortnite for using what he claims is 'his' dance move - The Floss.

That may or may not be the most millennial sentence that has ever been written.

Sixteen-year-old Russell Horning, from Georgia, USA, has become one of several people to begin legal proceedings against Epic Games, as well as basketball game NBA 2K for allegedly thieving his moves without paying any royalties or even seeking his permission.

Horning shot to fame after he performed the dance on stage with Katy Perry on Saturday Night Live last year. Before that, he had gained a significant Instagram following by performing the dance.

Please God, allow the world to end soon. The one we've got is clearly broken.

Because he is under 18 years of age, the lawsuit has been brought forward by Russell's mother, Anetta. She filed the proceedings against Epic and Take Two Interactive - who are responsible for NBA 2K - on Monday.

The suit claims that the two games have used the dance and made profit from it unfairly.

Now, for the boring copyright law part of it.

Under United States copyright law, a dance is protected if it has been performed in a video and effectively recorded as the copyright holder's own.

However, Fortnite have listed the dance as an 'Emote' that can be bought or won by players once they advance up to a higher level on the game.

That being said, 'The Floss' cannot actually be bought. It could once be won as part of a reward during the game's Season 2 Battle Royale - whatever that means.

As previously mentioned, Horning isn't the only party to have brought claims of copyright infringement to Epic Games over their moves recently. Rapper 2 Milly claims that the game also rips off his move 'The Milly Rock'.

In a slightly more well-known case, Fresh Prince of Bel Air star Alfonso Ribeiro also claims that the game has stolen his 'Carlton Dance'.

At last, a reference to pop culture that I actually get.

The two games companies have declined to comment on the issue, telling the Daily Mail: "We do not comment on ongoing litigation."

Featured Image Credit: PA/YouTube

Topics: GAMING, TV and Film, Celebrity, News, US Entertainment

Tom Wood

Tom Wood is a freelance journalist and LADbible contributor. He graduated from University of London with a BA in Philosophy before studying for a Masters in Journalism at the University of Salford. He has previously written for the M.E.N Group as well as working for several top professional sports clubs. Contact him on [email protected]

@TPWagwim