Fortnite Players Fear Bye Bye Bye Emote Could Be Gone for Good After Sony Lawsuit

Why It Matters

The ruling could establish a legal precedent for protecting dance choreography in video games, reshaping licensing practices and revenue models for platforms like Fortnite.

Key Takeaways

• Henson alleges Sony licensed choreography without his consent
• Lawsuit targets Sony, not Epic Games or Marvel
• Fortnite emote may be removed permanently if Henson wins
• Ninth Circuit case signals courts may protect choreography rights
• Emote not seen in Item Shop since September 2024

Pulse Analysis

The "Bye Bye Bye" choreography, created by Darrin Henson for *NSYNC in 1999, has resurfaced as a cultural touchstone through its inclusion in the 2024 film *Deadpool & Wolverine* and as a Fortnite emote. Henson’s lawsuit contends that Sony Music Holdings acted as if it owned the routine, licensing it to Marvel Studios and Epic Games without a proper work‑made‑for‑hire agreement. By seeking a declaration of exclusive ownership and damages, Henson aims to reclaim control over a piece of pop‑culture history that has generated significant commercial value across multiple media platforms.

For the gaming industry, the case underscores the growing legal complexities surrounding user‑generated content and in‑game cosmetics. Fortnite’s "Bye Bye Bye" emote, which debuted briefly in September 2024, has already vanished from the Item Shop, leaving players uncertain about its future. The lawsuit does not name Epic Games as a defendant, but the platform’s reliance on licensed dance moves could face heightened scrutiny. A 2023 Ninth Circuit decision that upheld choreography copyright against Epic’s emote practices suggests courts are increasingly willing to treat dance as protectable intellectual property, potentially prompting developers to reevaluate licensing agreements and risk assessments.

Beyond Fortnite, the outcome may ripple through the broader entertainment ecosystem, influencing how studios negotiate rights for iconic performances. If Henson prevails, it could trigger a wave of claims from choreographers seeking compensation for digital reproductions of their work, prompting tighter contractual standards and possibly higher licensing fees. Conversely, a dismissal might embolden platforms to continue using dance snippets with minimal clearance, preserving the current model of rapid, low‑cost content integration. Stakeholders across music, film, and gaming will be watching closely, as the decision will help define the balance between creative freedom and intellectual‑property protection in the digital age.