'Bye Bye Bye' Dance at the Center of Copyright Dispute

NSYNC’s iconic “Bye Bye Bye” dance is the subject of a new lawsuit filed against Sony Music Entertainment (SME) stemming from its appearance in the upcoming Marvel film, Deadpool & Wolverine. Darrin Henson, the choreographer who won an MTV Video Music Award in 2000 for his work on the “Bye Bye Bye” music video, alleges that Sony has falsely claimed ownership of the choreography’s copyright.

Details of the Lawsuit

Henson’s lawsuit, filed on March 27th, claims that Sony has “held themselves out as the owners of the work.” The dispute centers around a scene in Deadpool & Wolverine where the title character performs the “Bye Bye Bye” dance during the opening sequence. This scene quickly went viral on platforms like TikTok, leading to the dance being associated with Marvel.

Choreography Ownership Claim

According to the complaint, Henson believes his decades-old choreography is now “unjustly affiliated with Marvel” because Sony licensed its use without proper ownership. His legal team argues that Henson created the dance sequence in October 1999 after being recruited by the band’s manager, and never signed any agreement transferring the rights to Sony or any other party. “Henson did not sign a work made for hire agreement prior to the creation of the work, and as such by its creation alone, became the sole owner of the work,” the lawsuit states.

Attempts at Resolution and Sony’s Response

Henson reportedly attempted to resolve the issue amicably with Sony, seeking full acknowledgement of his ownership and compensation for earnings generated through licensing. However, Sony allegedly maintained that its ownership of the “Bye Bye Bye” music video granted it the right to license the dance to Marvel Studios and Epic Games – where it was also offered as an “emote” in a video game.

Sony's Stance

Sony Music declined to comment on the lawsuit when contacted on Thursday. Neither Marvel Studios nor Epic Games are named as defendants in the suit, nor are they accused of any wrongdoing.

Changing Legal Landscape

Historically, copyright protection for dance moves has been a complex legal area. Courts often questioned whether simple dance steps qualified for copyright. However, a 2023 federal appeals court ruling has potentially broadened the scope of copyright protection for choreography, offering Henson a stronger legal basis for his claim. The “Bye Bye Bye” video itself was a cultural phenomenon, spending 25 consecutive days at No. 1 on MTV.