The Bye Bye Bye Fortnite Emote is in real trouble based on a lawsuit filed by the dance's choreographer against Sony.
A Fortnite Emote based on *NSYNC’s hit song ‘Bye Bye Bye,’ which immediately captured the attention of 2000s kids and ‘Deadpool & Wolverine’ fans, may never return to the Item Shop. Darrin Henson, who choreographed the iconic moves, has reportedly filed a lawsuit against Sony for alleged improper licensing of the dance in Fortnite and the Deadpool film.
That would explain why the Bye Bye Bye Emote has only appeared in the Fortnite Item Shop a few times and why it has not re-emerged in over a year.
Why is the Emote in danger of returning?
The complaint filed by Darrin Henson alleges that Sony lacked permission to license the famous Bye Bye Bye dance to Fortnite and the Deadpool & Wolverine film. Henson believes he has not received appropriate credit or compensation for his role in bringing the iconic 2000s dance routine to life.
Although Sony owns the rights to the song’s music video, Henson’s legal team argues that copyright does not extend to the choregraphed danced moves depicted in said video. The choreographer has posted about the legal action multiple times on his Instagram, including the screenshot above with a story by Complex.
It’s unclear how long this potential complaint has loomed over Sony, considering the Fortnite Bye Bye Bye Emote has not appeared in the Item Shop since Sept. 29, 2024. However, it’s worth noting that some stories date back as far as two years.
Whether Epic’s decision not to bring the Emote back was a meticulous or strategic move is unclear, but pending the outcome of this case, the Emote may never return. It’s unclear how this could affect Deadpool & Wolverine, but if Henson wins, he’d likely receive compensation for the dance moves appearing in the film and in Fortnite.
Hasn’t this happened before?
Similar situations have played out before, where celebrities felt Epic Games overstepped by bringing certain dance numbers into the game. Actor Alfonso Ribeiro of The Fresh Prince of Bel Air fame pursued legal action against the developers for turning the famous Carlton dance into a Fortnite Emote. The in-game action even featured a tune similar to Tom Jones’s “It’s Not Unusual.”
Ribeiro ultimately withdrew the lawsuit, and nothing further has come of this dispute. However, this situation is entirely out of Epic Games’ hands, since the Fortnite developer does not appear as a co-defendant.
How have Fortnite players reacted to the Bye Bye Bye Emote situation?
There’s a lot of fear of missing out (FOMO) on the FortniteBR subreddit. Those who grabbed the Emote when it dropped following the Deadpool & Wolverine craze feel grateful, while those who missed it aren’t thrilled. For what it’s worth, the Bye Bye Bye Emote is of the synced variety, which means anyone who doesn’t own it can sync up with those who do.
Ultimately, that may be the only way anyone who doesn’t own the Emote can use it moving forward. We’ll have to wait and see how this legal dispute plays out over the coming months.