*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.
Even creative industries like advertising aren't exempt from advances in technology and automation. "Brand tech" firm You And Mr Jones took a majority stake in Inside Ideas Group, a company that helps brands form their own internal marketing groups.
The future is all-electric ー at least for General Motors, the carmaker's Chairwoman and CEO Mary Barra said on Cheddar Friday. "At General Motors, we believe in an all-electric future," Barra told Betty Liu, executive vice chairman for the New York Stock Exchange, through a special partnership between Cheddar and NYSE. "We believe that's the path forward, and that's why we are dedicating resources to build on the Chevrolet Volt first and second generations, now the Chevrolet Bolt EV."
Is it time for the federal government to hire its own chief information officer? Rep. Will Hurd (R-Tex.) thinks so. He told Cheddar Friday that the recent spate of major data breaches warrant a federal czar to help protect consumers and potentially even levy penalties on companies that don't do enough to safeguard users' information.
These are the headlines you Need 2 Know for Friday, Jan. 11, 2019.
Cryptocurrencies and digital assets are ideally left to the jurisdiction of the U.S. Commodity Futures Trading Commission, rather than the Securities and Exchange Commission, according to Congressman Darren Soto (D-Fla.). "Securities laws can be very intense and hurt the market unless it’s truly a security,” Soto told Cheddar Thursday.
Bitcoin's rebound over the $4,000 mark was short-lived, tumbling on Thursday below the $4,000 price level for the first time since Jan. 6. "I think it is a good chance we are going to retest 3,000 as a low and there is a good chance it will probably break through that ー if it hits that low," said Civic CEO Vinny Lingham in an interview with Cheddar. "The market is definitely trying to find a bottom, and I don't think we've found one yet."
Cristiano Amon, president of Qualcomm, spoke to Cheddar's Hope King from CES, where Qualcomm is unveiling several new products and initiatives, including A.I.-based infotainment centers for vehicles. But the big story of the year, Amon said, will be the spread of 5G technology, which he expects to be in most major cities and on most new Android devices by the second half of this year.
Adoption of new technology won't necessarily cause jobs to disappear ー even if that technology is a humanoid robot, said Steve Carlin, the chief strategy officer of SoftBank Robotics America. "I think the incorrect assumption is simply because you're employing technology, that therefore a job has to go away," Carlin told Cheddar's Hope King on Thursday.
Dustee Jenkins, global head of communications for Spotify, came to CES to "put a stake in the ground" for podcasting. She told Cheddar that Spotify still sees upside in new forms of audio storytelling, and its "discover" algorithm can help users find podcasts that will appeal to them, much in the way millions of people use the feature to find new bands.
GoPro has carved out a niche for itself as the go-to maker of action cameras. And one trend in particular helped kick-start the camera-maker's success: the selfie. CEO Nick Woodman told Cheddar's Hope King the company had a real "aha" moment around 2009 when it introduced high-definition (HD) footage into its selfie-style camera.
