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.
U.S. stocks fell sharply to close Tuesday's session, with the Nasdaq dropping 3.95% and hitting a new one-year low. Frances Newton Stacy, Director of Strategy for Optimal Capital, joins Cheddar News to discuss her reaction to how markets closed the session, and to break down Q3 2022 earnings from Microsoft. "Netflix was sort of the big warning, and I think Big Tech was down today in anticipation of these earnings," she says.
With Netflix losing 200,000 subscribers in one quarter, and CNN+ shutting down just weeks after launch, the streaming industry is in a place of uncertainty. Hundreds of people who once thought they had steady jobs now face potential unemployment as streamers figure out how to navigate the constantly changing landscape. Greg Martin, co-founder of Rainmaker Securities, joined Cheddar's Opening Bell to discuss the state of streaming, its troubles, and how its impacting hundreds of workers.
With mask mandates lifted across various parts of the country, healthy indoor air quality in public spaces is more crucial than ever before. According to the CDC, proper ventilation, in addition to other preventative measures, is instrumental to preventing the rapid spread of covid-19 indoors. As the push for higher air quality ramps up, AtmosAir is providing a high-tech solution for cleaner, greener air indoors. Steve Levine, CEO, AtmosAir, joined Cheddar’s Opening Bell to discuss.
Catching you up on what you need to know on April 27, 2022, with Tesla stocks absorbing an initial hit following Elon Musk's purchase of Twitter, Russia pausing its natural gas supplies to Poland and Bulgaria, NASA's SpaceX Crew-4 mission taking off, and more.
General Motors reported a Q1 net income of $2.9 billion and a raise in their full-year guidance. This comes as the auto giant steps up production of its electric vehicles amid production headwinds. Paul Jacobson joined Cheddar News to talk about the earnings report and its ongoing electric vehicle strategy. "One of the things I'm most proud of is the fact that we're continuing to lean in and accelerate on our electric vehicle journey," he said. "When you think about it, we're going to produce 400,000 vehicles over the next two years by the end of 2023, and we'll have production capabilities up and will produce more than a million vehicles in North America alone in 2025."
Members-only home swapping network Kindred recently announced its launch alongside a $7.75 million seed round led by Andreessen Horowitz. Homeowners and renters can exchange homes on Kindred's platform, which the company says allows members to travel and take advantage of remote-work flexibility at the fraction of the cost of a hotel or rental home. Justin Palefsky and Tas Amina, co-founders of Kindred, join Cheddar News' Closing Bell to discuss.
