Remember that super catchy Fortnite emote where your character busts out the iconic NSYNC ‘Bye Bye Bye’ dance? Well, it looks like that move might be stuck in the vault forever, all because of a copyright lawsuit shaking things up behind the scenes.
The original choreographer says Fortnite and Sony stepped on his toes
Darrin Henson, the guy who actually created the famous dance moves for NSYNC’s 2000 hit ‘Bye Bye Bye,’ isn’t happy. He’s filed a lawsuit against Sony Music Holdings, claiming that his choreography was used without his permission – not just in Fortnite, but also in the Deadpool & Wolverine movie. That includes the Fortnite emote inspired by his full routine.
The 'Bye Bye Bye' Emote may never return to #Fortnite 👋
The dance's choreographer, Darrin Henson, is taking legal action against Sony for licensing the dance into the Deadpool movie and Fortnite.
📰 Thanks to @FurryRatBeast for discovering this!
🔗 https://t.co/xhcy1jhm5J pic.twitter.com/lHepH3lFzo
— Fortnite Underground (@FNBRunderground) April 5, 2026Henson’s argument is pretty clear: while Sony owns the music rights, the dance moves themselves are his intellectual property. His lawsuit states, “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.” Simply put, he wants credit and compensation for his work, and he’s taking this all the way to court.
Interestingly, the dance was first performed at the MTV VMAs in 2000, the same event where Henson won an award for his choreography, which adds even more weight to his claim.
Related: Fortnite Adds Viral Meme Skins Tung Tung Tung Sahur and Ballerina Cappuccina
Epic Games is playing it safe, so no Bye Bye Bye emote for now
Right now, Epic Games isn’t involved in the lawsuit. But because the dance is at the center of this legal battle, Epic is unlikely to bring back the Bye Bye Bye emote to the Fortnite Item Shop anytime soon. They usually steer clear of selling emotes tied up in legal trouble.
Since the emote only appeared for six days during Fortnite Chapter 5 Season 4, it’s already pretty rare. Now, with this lawsuit in play, that rarity might just become permanent – at least until the courts decide who really owns the dance moves.
If Sony loses the case, the license allowing Fortnite to use the emote could be invalidated completely. This lawsuit is different from past Fortnite emote issues because it involves a full choreographed routine, which U.S. law protects more strongly than shorter dance snippets.
So, if you managed to snag that emote, consider yourself lucky for now. But don’t hold your breath waiting for it to pop back up in the shop anytime soon.
Got the Bye Bye Bye emote in your locker? It might just be a collector’s gem from here on out.
