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.
One of Europe's leading micromobility providers, TIER mobility, is expanding into North America after acquiring the micromobility operator, Spin. Ford Motor Company previously owned Spin but is now selling the company to TIER Mobility, which says the deal will make it the largest multimodal micromobility operator in the world in terms of the number of cities it operates in and the number of vehicles in its fleet. Lawrence Leuschner, CEO of TIER Mobility, and Ben Bear, CEO of Spin, join Cheddar News' Closing Bell to discuss.
Digital consulting company Publicis Sapient has its sights set on the Metaverse. The subsidiary of the French advertising giant Publicis Group is announcing a new partnership with NFT auction house Portion in an effor to help brands deliver experiences in the metaverse, including the sales of products. Publicis Sapient CEO Nigel Vaz joined Cheddar News' Closing Bell to discuss. "In the context of our collaboration with Portion, the first experience that we created was with Decentraland, which is a virtual world," he said. "And car manufacturers in this metaverse, in terms of their buyers, can interact with a virtual person, (and) they can view quality NFTs. They can examine a virtual vehicle, be inside the car, rev an engine, open doors, all without leaving their homes."
Identity and access management company ForgeRock looks to use pattern recognition and artificial intelligence to ease secure access for users as an alternative to just password management. CEO Fran Rosch joined Cheddar News to discuss how the company's services work. "I mean, who likes to set up and use a new password? And they're also really bad security because a lot of people repeat the same one and use it everywhere and use the simplest one possible," he said. "We're trying to really create a smarter better identity system where we can find different ways, smarter ways, of recognizing you as a user and giving you access to what you need by really eliminating the password altogether."
Ford announced today that it will be separating its electric vehicles business from its internal combustion engine vehicles in two divisions named Ford Model E and Ford Blue, respectively. Ford Motor Company CFO John Lawler joined Cheddar to discuss the decision-making behind the restructuring. "When you think about the expertise that Ford has in like body structural engineering, chassis engineering, manufacturing at scale, there isn't an EV startup company out there that wouldn't love to have our capabilities in that space," he said.
