Alfonso Ribeiro's Case Over 'Fortnite' Dance Is About More Than Copyright Laws
*By Chloe Aiello*
Actor Alfonso Ribeiro's case against Epic Games for its use of "the Carlton" dance in "Fortnite" might come down to a jury's sympathy, rather than copyright technicalities, intellectual property lawyer Gaston Kroub told Cheddar on Tuesday.
"I think it's a mistake to only focus on the copyright issues, because you do have this idea where you have this right of publicity under California state law ... Could a sympathetic jury decide that these \[artists\] deserve something from 'Fortnite'? That's something that remains to be seen," said Kroub, a partner at Kroub, Silbersher & Kolmykov.
Ribeiro, who rose to fame playing Carlton on "The Fresh Prince of Bel Air," is suing Epic and Take-Two Interactive, the maker of "NBA 2K." Both use "the Carlton" step that Ribeiro made famous on the show as an "emote," a celebratory dance that can be purchased by players in-game.
Ribeiro is just the latest celebrity or influencer to file a suit. Rapper 2 Milly and Instagrammer Russell “Backpack Kid” Horning have also filed complaints for misappropriation of their respective dances, the "Milly Rock" and "the Floss," [Variety reported](https://variety.com/2018/gaming/news/fortnite-dance-lawsuit-1203092141/). The complaints allege copyright infringement and claim the game creators are violating the right of publicity of the celebrities associated with the dances.
"What Alfonso Ribeiro and 2 Milly and the Backpack Kid now have claimed is it looks like they're endorsing 'Fortnite''s use of their dance moves and they haven't provided that permission," Kroub said.
The outcome of these cases is difficult to predict.
"You can't copyright a single dance move but you can copyright under the copyright act choreography," he said, adding that copyrights on the moves are still pending.
"Really at the heart of this, though, is the fact that Epic is making a lot of money and these dances are generating revenue."
He added that one potential defense for Epic or Take-Two is to claim they were parodying, not performing, the dances. That said, the case will also depend on the items uncovered during discovery ー whether or not the game makers contacted any artists or just assumed the dances were public domain.
Most interestingly, Kroub said the complaints venture into "uncharted territory."
"No one knew a year ago 'the Carlton' would be generating untold numbers of revenue for a company, like Epic. And what we are seeing is video games are a big business and celebrities want to be associated," he said.
Netflix may not be staying at the top of the streaming wars, according to some wary investors, as competition heats up and it raises prices yet again. Tuna Amobi, director and senior equity analyst at CFRA Research, spoke with Cheddar about what investors should be considering should they stick with the streaming pioneer or drop the investment. "I think it's always mostly about the subscriber growth for the Q4, which is going to be an indicator of how the company has been navigating the speed bumps that we saw early in the year," said Amobi.
L’Oréal is doubling down on its investment in tech. The French beauty giant unveiled two new high-tech products ahead of CES 2022, aimed at simplifying the hair coloring process. Guive Balooch, global vice president of L’Oréal Technology Incubator, joined Cheddar's Opening Bell to discuss the company's innovations for hair coloring, including the Colorsonic application device and the Coloright AI diagnostic tool.
Walmart is one of the latest companies looking to adapt to the emerging digital economy by possibly establishing its own cryptocurrency. The retail giant filed at least seven applications with the U.S. Patent and Trademark Office, including one for blockchain assets.
Bitcoin plunged below the $40,000 mark on Monday, hitting its lowest price since September. The world's most valuable cryptocurrency has had months of hot and cold streaks, and the latest drop now has investors wondering just what 2022 will have in store for bitcoin and the crypto space as a whole. Ben McMillan, CIO at IDX Digital Assets, joined Cheddar Movers to discuss.
You could be seeing more electric delivery vans on the road soon. Walmart and FedEx have inked deals with GM's all-electric brand BrightDrop to add thousands of vehicles to their fleets. Walmart has reserved 5,000 vans for the first time, while FedEx is expanding an initial order of 500 vehicles. Michael Zimmerman, partner and head of logistics at Kearney, joined Cheddar to discuss what this means for the electric vehicle market moving forward.
After nearly a century, General Motors is no longer the top-selling automaker in America. Toyota has dethroned the long-reigning champ to become the leader in U.S. auto sales for the first time, and the first non-domestic automaker to take that title. The Japanese automaker outsold GM by about 114,000 vehicles, or 5% more, in 2021. Al Root, senior writer for Barron's, joined Cheddar to discuss the meaning behind these numbers.
This year's worldwide semiconductor shortage limited the supply of everything from new cars to smart phones.
Looking ahead, several experts in the chip industry expect the shortage to continue deep into 2022, and maybe even 2023. Syed Alam, Accenture's Global Semiconductor Lead, joined Cheddar Movers to discuss.
The National Highway Traffic Safety Administration is investigating roughly 580,000 Tesla vehicles due to their front touch screen 'passenger play' gaming feature amid concerns over possible distracted driving. The investigation covers Tesla models ranging from the years 2017-2022. Brian Moody, Executive Editor at Autotrader, joined Cheddar Movers for more.
