The intersection of pop culture, intellectual property, and the digital marketplace has become a battleground for creative ownership, as illustrated by a new lawsuit filed in the entertainment industry. Darrin Henson, the acclaimed choreographer who created the iconic dance routine for NSYNC’s “Bye Bye Bye,” has initiated legal action against Sony Music Holdings. The suit alleges unauthorized licensing of his choreographic work for use in Marvel Studios’ blockbuster “Deadpool & Wolverine” and the popular video game Fortnite. This case spotlights the ongoing and complex disputes over who owns and can profit from dance movements once they become part of the global cultural lexicon, challenging the traditional boundaries of copyright as they apply to performance art.<\/p>\n
According to legal documents reported by Billboard, Darrin Henson’s lawsuit claims that Sony Music engaged in the “unauthorized use” of his choreography for “Bye Bye Bye.” Henson asserts that the label does not possess the rights to license his creative work, which he crafted specifically for NSYNC’s performance. The choreography first debuted publicly at the 1999 Radio Music Awards and later won a prestigious MTV Video Music Award in 2000. The complaint explicitly states that the ownership of the choreographic work belongs to Henson and demands compensation for the revenues earned by Sony Music Entertainment (SME) and its licensors from its exploitation. Furthermore, Henson alleges that he attempted to resolve the dispute through amicable channels prior to filing the lawsuit.<\/p>\n
Sony Music’s position, as outlined in response to Henson’s claims, hinges on its ownership of the copyright to the “Bye Bye Bye” music video. The corporation contends that holding the copyright to the video itself grants it the right to license elements from that video, including the depicted dance, to third parties such as Marvel Studios and Epic Games. This argument represents a common but contentious stance in entertainment law: that a comprehensive copyright on a filmed work encompasses all performance elements contained within it. Henson’s suit directly challenges this interpretation, seeking to establish that choreography is a distinct, copyrightable creation separable from the video’s broader copyright, and that its authorship and ownership reside with the choreographer, not the entity that owns the final recorded product.<\/p>\n
The specific instances of alleged infringement involve two major platforms. In Marvel’s “Deadpool & Wolverine,” the film’s opening scene prominently features a recreation of the “Bye Bye Bye” dance routine, leveraging the song and choreography’s resurgence in popularity. Separately, Epic Games’ Fortnite briefly offered the dance as a purchasable emote for a limited five-day period shortly after the movie’s release. While Epic Games is not named as a defendant in Henson’s current filing against Sony, the inclusion of the emote is cited as part of the unauthorized licensing chain. This timed release demonstrates how modern IP licensing often seeks to capitalize on synergistic moments across media, but also highlights the risk of overlooking the rights of individual contributors like choreographers.<\/p>\n
This lawsuit is not an isolated incident within the gaming and digital entertainment sphere. Fortnite has faced similar legal challenges in the past. Notably in 2025, a dancer who performed in videos for artists like Jennifer Lopez and Usher sued Epic Games for incorporating his distinctive movements from a Rauw Alejandro video into a Fortnite emote. Another significant case involved Roblox, which was sued for selling a viral “Apple dance” emote that a TikTok user claimed to have originally created using a song by Charli XCX. These recurring conflicts underscore a growing industry pattern: digital platforms increasingly monetize dance moves that originate in popular music videos or social media, often without clear agreements with the performers or choreographers who originated the physical art. The legal framework for copyrighting choreography remains less defined than for music or software, leading to frequent disputes.<\/p>\n
The outcome of Henson’s case could have substantial ramifications for choreographers and professional dancers worldwide. If successful, the lawsuit would reinforce the principle that choreographic works are independent intellectual property, requiring specific licenses for commercial reproduction outside their original context. This would empower creators to seek direct compensation when their work is reused in films, video games, or advertising campaigns. Conversely, a ruling favoring Sony’s interpretation could weaken individual creators’ claims, bolstering the control of production companies and record labels over all elements of a recorded performance. The case thus sits at the crux of a power dynamic between corporate copyright holders and the artists whose labor fills those copyrights with value.<\/p>\n
The dispute between Darrin Henson and Sony Music highlights a critical gap in contemporary licensing practices. As dance continues to be a vital component of music videos, films, and interactive digital experiences, the industry needs more transparent and standardized protocols for identifying, attributing, and compensating choreographic authorship. Clear contracts that separate the rights to the musical composition, the sound recording, the video footage, and the choreography within the video are essential. For platforms like Fortnite that thrive on cultural ephemera, establishing rigorous vetting processes to verify the origin and ownership of dance moves before licensing them is becoming a necessary operational and legal safeguard.<\/p>\n
Ultimately, the lawsuit over the “Bye Bye Bye” dance transcends a simple royalty dispute; it is a test case for the valuation of physical artistry in the digital age. As entertainment becomes more immersive and interactive, the lines between media blur, but the rights of the human creators behind each component must remain distinct and protected. The resolution of this conflict will inform not only future contracts between choreographers and record labels, but also the ethical standards for how global platforms curate and profit from the embodied culture of dance, ensuring that the creators who define our pop moments are recognized as the rightful owners of their innovative movements.<\/p>\n","protected":false},"excerpt":{"rendered":"
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