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.
Project management platform ClickUp raised $400 million in Series C funding this week, and founder and CEO Zeb Evans joined Cheddar's "Closing Bell" to talk about taking the added funds to help make the workplace more efficient by being a one-stop-shop for office needs. He also discussed a growing demand for his company's services during the pandemic as companies seek solutions to keep their employees on the same page.
How much real money would you pay for a virtual plot of land? Developing technology is introducing everyone in the real world to new, virtual worlds, like Decentraland. In this metaverse economy, users are buying virtual real estate at high value – and it’s not just the average Joe that’s looking to invest. Company's like Facebook are betting big.
The dating app Hinge says it's taking online dating to the next level by introducing a voice prompt feature for profiles. Michelle Parsons, chief product officer, joined Cheddar to talk about providing the question prompts for users to make accounts more personable in their own voice. She also went into how much the pandemic has had an impact on engagement.
TikTok is testing out a new program that would allow creators to receive tips for their posted content. The video-sharing platform also said it will allow creators to retain 100 percent of their tipped revenue.
Tonya Evans, professor at Penn State Dickinson Law, joined Cheddar to talk about the meme coin war flaring up between the Shiba Inu and Dogecoin tokens. She noted that one of the most fascinating takeaways from the crypto craze is the "power of community" being able to manipulate market prices. Evans also talked about the rising number of coins coming to market and how to assess if they are worth investing in.
Nicole Lambert, President at Myriad Genetics joins ChedHER to discuss how to expand access to genetic testing for all women, and how her experience as a 'pre-vivor' motivates her role in the industry.
Social media giant 'Facebook' has rebranded itself as 'Meta' in a move that has many talking about the motive behind the timing of the announcement as the company finds itself getting negative press almost daily. Editor In Chief of Investopedia Caleb Silver breaks down the change and how the vision of Meta and the Metaverse could change the future.
Third quarter Shopify earnings fell below expectations in both revenue and earnings per share. Though the e-commerce retailer has seen growth in partnerships with Target and Spotify, as well as adoption of a buy now, pay later payment option, Hatem Dhiab, Managing Partner at Gerber Kawasaki explains the impact that ongoing supply chain issues have had on Shopify's bottom line.
