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.
Tech-enabled residential hospitality company Mint House recently raised $35 million in a Series B round led by Mohari Hospitality. Mint House was described by one of its backers as 'the best of a hotel without the worst of a hotel, and the best of an Airbnb without the worst of an Airbnb.' Mint House offers apartment-style lodging across the country. The company claims its spaces combine the comfort of a home with the luxury of a hotel in order to give guests all of the perks and none of the tradeoffs. Will Lucas, Founder and CEO of Mint House, joins Cheddar News' Closing Bell to discuss.
Social media platforms walk a fine line when it comes to free speech, especially when posts lead to real-life negative consequences. Texas lawmakers are trying to enforce a law that would prohibit platforms from taking any action when it comes to malicious or violent posts, and they insist it does not violate the First Amendment. But the Supreme Court thinks otherwise, at least for now. Matt Schruers, President of the Computer & Communications Industry Association, joins Closing Bell to discuss what threat the Texas law poses to social platforms, why his organization sued over the law, what it could mean for users, and more.
Fintech company Acrisure recently raised $725 million in a new funding led by a wholly-owned subsidiary of the Abu Dhabi Investment Authority, bringing the company's valuation to $23 billion. Acrisure offers financial solutions including insurance, reinsurance, real estate services, cyber services, and asset management. The company says its financial solutions are powered by the best of human and artificial intelligence. Greg Williams, co-founder, CEO and President of Acrisure, joins Cheddar News' Closing Bell to discuss.
On Today's Biz Breakdown, the oil shortage being compared to the 1970s gas crisis, home prices surged In March, and 56% of tech workers say they would quit if recorded by their employer.
After two subway shootings in two months and the more recent mass shootings in Uvalde, Texas, and Buffalo, New York, Mayor Eric Adams is calling for gun detection scanners to be installed in New York City subways. The tech would be similar to that used in sporting arenas, however, experts note multiple difficulties with such a setup including the need for nearby human operators.
Catching you up on what you need to know on Wednesday, June 1, 2022, House lawmakers hold an emergency hearing on gun control measures in the wake of the Uvalde shooting, the Supreme Court temporarily blocks Texas' law stopping social media moderation, and the James Webb Space Telescope gets a new mission.
On today's Biz Breakdownm, Ford beats Tesla to the first EV truck Deliveries, massive flight cancelations wrap up Memorial Day Weekend, and Apple announces new IOS 16 features one week before the WWDC.
