Russell Horning was only 15 years old when he became known as the Backpack Kid, or when he won the Nickelodeon Kids’ Choice Awards in March 2016. So you may not have called the play, but Horning created the dance known as Floss Dance.
With more than 2.3 million followers on Instagram, Backpack Kid is suing Epic Games and Take-Two Entertainment, respectively responsible for Fortnite and NBA 2K games, claiming that the titles used Floss Dance without asking for their permission or paying royalties for the invention.
The dance is protected by US copyright law. In Fortnite, players could win the emote Floss as a reward for the second season of Battle Royale, which made the characters in the gameplay moves invented by Horning.
This is the third lawsuit against Epic Games due to plagiarism of real movements without any compensation to its creators. The rapper 2 Milly sued the company for copying his step Milly Rock and actor Alfonso Ribeiro, known for playing gameplay cousin Carlton Banks opposite Will Smith in nostalgic series The Fresh Prince of Bel-Air, also took action account Epic Games for plagiarism of Carlton Dance at Fortnite.
Both Epic Games and Take-Two Entertainment declined to comment on the case.