- Darrin Henson, the choreographer behind the Bye Bye Bye dance, has sued Sony Music Holdings.
- The lawsuit claims that the dancer's moves were licensed to Fortnite and Deadpool & Wolverine without his permission.
- Epic is unlikely to bring the emote back to the Fortnite Item Shop for the time being.
Lately, it seems like Fortnite can’t help but land itself amidst controversy almost every other day. After the recent layoffs and mode shutdowns, it looks like the next major hurdle the title comes in the form of copyright problems around the ‘Bye Bye Bye’ emote, inspired by the iconic NSYNC dance routine. The copyright claim could lead to the Fortnite Bye Bye Bye emote staying vaulted forever. Here’s everything we know.
Fortnite’s Bye Bye Bye Emote in Trouble as NSYNC Choreographer Hits Sony with Lawsuit
The copyright controversy stems from a lawsuit filed on March 27, 2026, by Darrin Henson, the renowned choreographer behind NSYNC’s original music video for Bye Bye Bye. Henson has sued Sony Music Holdings, alleging that the label authorised the use of his choreography in Deadpool & Wolverine and Fortnite without getting his permission, including the Bye Bye Bye emote.
The lawsuit filed by Henson states that: “The reality is that the work belongs to Henson, and to obtain full acknowledgment of his ownership and a complete transfer of all monies earned by SME and its licensees, the plaintiff must seek declaratory relief from the court.”
While Sony holds the rights to the audio recording of the song, Darrin Henson argues that the specific moves around the song are his intellectual property. The lawsuit also points out how the dance first appeared at the MTV VMAs in 2000, the same event when Henson won an award for his choreography.
While Epic Games is not currently a defendant in the lawsuit, the legal troubles surrounding the Fortnite ‘Bye Bye Bye’ emote could be a significant roadblock for its return to the Fortnite Item Shop. Epic generally avoids items involved in active litigation, and players will have to wait until it is legally cleared who owns the rights before the emote can return to the game. Additionally, if Sony loses the lawsuit, the license for the emote could be invalidated completely.
Even though the developers have faced legal troubles with other Fortnite emotes in the past, Henson is suing over a complete choreographed routine, which holds more weight under U.S. law. The ‘Bye Bye Bye’ emote was only featured in the Item Shop for 6 days during Fortnite Chapter 5 Season 4, already making it a rare Fortnite cosmetic, and it looks like the item will be maintaining its rarity for the time being.
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