Orange Shirt Kid’s Mother Sues Epic Games
Rachel McCumbers, mother of the Fortnite viral sensation known as “Orange Shirt Kid” — seen doing his popular “the Random” dance in the video below — has filed a lawsuit against Epic Games (the creators of Fortnite). Orange Shirt Kid’s mother is suing Epic Games for turning the Random into a Fortnite emote without rewarding her son for the use of his dance — and she is also claiming other damages.
Experts don’t expect this suit to get far. Epic Games made it clear before the Random was put into the game, that Orange Shirt Kid would not be paid for the use of his dance move.
Epic Games held a competition known as the BoogieDown contest back in March 2018, which gave contestants an opportunity to have their own unique dance put in the game. This contest would eventually lead to the Random making it into Fortnite. Orange Shirt Kid did not win the contest, but his dance was accepted by Epic Games in response to a petition showcasing massive support from the Fortnite community.
Let’s look at the legality of this. Here is an excerpt from the BoogieDown contest official rules:
“Contestants hereby grants to Sponsor a non-exclusive, perpetual, irrevocable, worldwide, transferable, sublicensable, and royalty free license to use, modify, reproduce, prepare derivative works of, distribute, perform, and display the Submission in any and all media throughout the world and for whatever purpose Sponsor deems.”
In other words, Epic Games made it clear they would not pay the creator of the dance, and they would have the freedom to do whatever they wish with the contestant’s dance as well — such as use it to promote the game. Orange Shirt Kid’s mother is suing Epic Games, but she is unlikely to win.
Fortunately for McCumbers, she has a notable law firm on her side — Pierce Bainbridge Beck Price & Hecht LLP. This firm is also representing celebrity clients who claim Epic Games stole their dance moves. These celebrities include actor Alfonso Ribeiro and the viral sensation known as Backpack Kid.
Another reason why Orange Shirt Kid’s mother is suing Epic Games was due to her dissatisfaction over the Random being renamed “Orange Justice.” The lawsuit claims Epic Games tried to make it appear like they created the dance move, “…Defendants have exploited the Random such that other believed it was Defendants’ original creation instead of Orange Shirt Kid’s.”
McCumbers also alleges that her son became a “victim of extreme cyberbullying” after the release of the Random, which forced Orange Shirt Kid to shut down all his social media accounts.
If McCumbers’ lawyers can demonstrate Orange Shirt Kid was harassed due to mistreatment from Epic Games, she might have a chance after all.
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