*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.
Wham-O, a company best known for mass-marketing iconic toys like the hula hoop and Frisbee, manufactures most of its toys in China. But only now that has chosen to branch out into e-bikes does the company anticipate feeling the sting of the ongoing trade war. "To date, it hasn't really affected us that much," Wham-O President Todd Richards told Cheddar. "Now with this new technology and this new product, we foresee a little bit of a cost impact."
These are the headlines you Need 2 Know for Friday, Feb, 15, 2019.
A Nashville councilwoman called Amazon's abrupt cancelation of plans to build a campus in New York City "disheartening" on Thursday, saying it sends a negative signal about the company's willingness to work with local officials. "It seems like the politicians up there and the local elected officials started asking tough questions, and that's what elected officials are supposed to do ー we're supposed to be stewards of the taxpayer dollars," Councilwoman Kathleen Murphy told Cheddar.
Despite tumbling shares post-earnings and the loss of a longtime executive, SurveyMonkey CEO Zander Lurie is bullish on the future, saying independence from big tech backing could prove to be an advantage in an increasingly competitive market.
Amazon's decision to pull its new HQ2 out of New York City is very bad for the city ー and a sign that the home of Wall Street is falling victim to anti-business attitudes, according to former CKE Restaurants CEO Andy Puzder. "I think it's a hit to the New York economy. New York is a big city, it's a strong city, but it used to be the home to capitalism. Now it's coming under some of these socialist policies and it's going to lose companies like Amazon ($AMZN)," Puzder told Cheddar on Thursday.
Tilt Holdings CEO Alex Coleman is bullish on U.S. cannabis ー and Tilt is positioning itself to have a presence nationwide take full advantage of the shift from medical to recreational legalization as it happens. "There's no question this will be the biggest market ー our internal numbers say probably $100 billion," Coleman told Cheddar on Thursday.
Amazon has backed out of its plan to build a second headquarters in Queens, New York. The abrupt decision shocked even those who opposed Amazon's planned expansion in Long Island City. Cheddar spoke with Jimmy Van Bramer, deputy leader of the New York City Council.
Trufan, a new platform letting brands and influencers reward their most loyal fans on social media, has attracted the attention of big names in sports and entertainment, but CEO Swish Goswami told Cheddar he's taking a "very Canadian approach" by catering to mom-and-pop shops as well.
These are the headlines you Need 2 Know for Thursday, Feb. 14, 2019.
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