A lawsuit has been filed on behalf of Russell Horning, aka the Backpack Kid, against a video game company, alleging they breached his copyright for including his signature dance move “flossing” in their wildly popular game Fortnite.
Horning, 16, is credited with popularising “The Floss”, and became famous when he did the dance on Saturday Night Live during a performance by Katy Perry in 2016.
The law firm representing him told Variety magazine that a lawsuit had been filed against Epic Games and Take Two Interactive on Horning’s behalf in relation to the use of the dance in the game.
Horning has become the latest person to file a lawsuit against the companies, following Brooklyn rapper 2 Milly and The Fresh Prince of Bel-Air star Alfonso Ribeiro.
2 Milly filed a suit against Epic Games after it added a dance similar to his “Milly Rock” dance, which was created for a 2014 music video, to Fortnite during its fifth season called Swipe It.
Ribeiro alleges that Epic Games, the maker of Fortnite, and 2K Sports-creator Take-Two Interactive used his dance, dubbed The Carlton Dance, without permission or credit.
Ribeiro’s dance was popularised through his character, Carlton Banks, on the 1990s sitcom The Fresh Prince of Bel-Air.
Ribeiro says the video game makers used the dance he first performed on a 1991 Fresh Prince episode. He is asking for a judge’s order to stop both games using his moves.
Several other stars have also condemned Fortnite for allegedly stealing their moves.
Chance the Rapper has criticised the game for leaving out songs associated with certain dances so artists could share in the game’s success.
Donald Faison, who played Turk on the TV show Scrubs, has accused Fortnite of “jacking” the distinctive dance performed by his character on the show and offering it as an “emote” in the game. In March, he tweeted: “Dear fortnite … I’m flattered? Though part of me thinks I should talk to a lawyer.”
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