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.
Rob Dongoski, EY Food and Agriculture Leader, joins Cheddar News to discuss what advancements in tech will shape the future of food, and how we are going to see more and more personalization in the food system.
The year 2021 saw numerous natural disasters around the world, including extreme heat and wildfires, rare deep freezes, and historic flooding. This year's United Nations COP26 conference was key for getting world leaders on board with emissions reductions and other climate-focused policies as the UN Secretary-General said the agency's report on global warming is a 'code red for humanity.' In the U.S., President Joe Biden has focused most of his domestic agenda on slashing emissions and building climate-focused infrastructure. Guests from The Economist, UNC-Chapel Hill, Global Rescue, and more join Cheddar Climate's year-end special to discuss how the climate changed in 2021, and what to expect in 2022.
It's no secret tech giant Amazon has a mission of becoming a major player in sports media, and the company is poised to make progress on that goal in 2022. Amazon Prime Video will be the exclusive home to Thursday Night Football for the 2022-23 NFL season. In December, the New York Post reported that Amazon is in the beginning stages of developing studio sports programs, and hopes to soon have a full daily lineup of sports shows. Front Office Sports senior reporter A.J. Perez joined Cheddar News' Closing Bell to discuss.
Digital mental health company Little Otter recently announced it closed a $22 million Series A round. Little Otter was founded in 2020 by a mother-daughter team, which based the company on the idea that a child's mental health can only be addressed by treating the whole family through technology available to everyone. Little Otter CEO and co-founder Rebecca Egger and her mother, Little Otter Chief Medical and Scientific Officer and co-founder Dr. Helen Egger joined Cheddar News' Closing Bell to discuss.
Stocks closed lower Thursday with the tech-heavy Nasdaq in particular under pressure as investors dump tech stocks amid interest rate hike fears. This is the third session in a row that the Nasdaq has slipped. Meanwhile, rate-sensitive stocks gained one day after the Federal Reserve announced its more hawkish policy including three rate hikes this year. Kristina Hooper, Chief Global Market Strategist at Invesco, joins Cheddar News' Closing Bell to discuss today's close, this week's Fed minutes and the central bank's new hawkish policy, and more.
Kim Grauer, Director of Research for Chainalysis, joins Cheddar News' Closing Bell, where she breaks down her recent study and says while scammers took a record $14 billion in crypto in 2021, the share of overall activity of those events are at an all-time low.
Jared Watkin, senior vice president, diabetes care, at Abbott Laboratories, joined Michelle Castillo from the CES 2022 floor to discuss the future of health tech, including Abbott's consumer-facing biowearable called Lingo. The accessory is supposed to send real-time biomarker information like glucose or ketone levels to the Lingo app for the wearer to review. "The idea is that it's a window into your body," Watkin said. "It gives you insight into what's going on in your body and the certain circumstances that you otherwise wouldn't be able to have."
