You may not see the Bye Bye Bye emote return to Fortnite anytime soon. The dance, inspired by *NSYNC’s early 2000s hit and popularized again through Deadpool & Wolverine, now faces legal scrutiny that could keep it out of the Item Shop.
The choreographer behind the original routine has reportedly filed a lawsuit against Sony over how the dance was licensed for use in both the film and the game. That legal dispute likely explains why the emote appeared only briefly and has remained absent for more than a year.
Why the Emote’s Return Faces Legal Risk
You face uncertainty around this emote because of an active legal dispute over the choreography behind the Bye Bye Bye dance. Darrin Henson, who created the original routine, claims Sony allowed the dance to appear in Fortnite and Deadpool & Wolverine without securing proper authorization from him.
He argues that while Sony controls the music video, that ownership does not automatically cover the choreographed moves themselves. His legal team maintains that choreography carries its own protections and requires separate approval and compensation.
Key issues affecting the emote’s future include:
- A lawsuit alleging unauthorized use of the dance
- Claims of missing credit and unpaid compensation
- Disagreement over whether video rights include choreography rights
Henson has publicly referenced the case on social media, which increased attention around the dispute. Reports about potential legal concerns have circulated for an extended period, and the emote has not returned to the Item Shop since September 29, 2024.
You cannot confirm whether Epic Games withheld the emote because of this lawsuit. However, ongoing litigation creates risk for any company that continues to distribute disputed content.
If the choreographer prevails, you could see financial compensation awarded for the dance’s use in both the film and the game. Until the court resolves the matter, the emote’s availability remains uncertain.
Has This Kind of Dispute Happened Before?
You have seen similar disputes in the past when public figures argued that Fortnite copied their signature dance moves. Actor Alfonso Ribeiro, known for playing Carlton on The Fresh Prince of Bel-Air, filed a lawsuit after Epic Games released an emote based on his well-known routine.
The in-game version even used music that closely resembled “It’s Not Unusual.”
Ribeiro later dropped the case, and the matter ended without further action.
In that situation, Epic Games faced direct legal pressure. In contrast, the current dispute does not list Epic as a co-defendant, which places the responsibility elsewhere.
How Players Are Responding to the Bye Bye Bye Emote Dispute
You can see clear FOMO across the FortniteBR community. Players who bought the emote during its short Item Shop run say they feel lucky, especially now that legal questions cloud its return.
If you missed it, frustration shows up in many threads. Some players worry the emote may never rotate back, which increases demand and speculation about its future availability.
A few users point out one practical detail:
- It’s a synced emote, so you can still join the dance if someone nearby owns it.
That feature may be your only way to use it for now, depending on how the legal situation develops in the coming months.
