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.
Bowery Farming's vertical growing process allows it to cultivate 13 types of greens — and now, strawberries — in a sustainable way that's also faster than traditional farming. Bowery focuses on sustainability from start to finish, using unique technology to provide plants with what they need at the right time while eliminating waste and cutting down on carbon dioxide emissions. Katie Seawell, Chief Commercial Officer of Bowery Farming, joins Closing Bell to discuss the company's vertical farming process, sustainability focus, fixing the food supply chain, and more.
Nexii, a company based in Canada, is getting some big backing for its sustainable, low-carbon concrete alternative. CEO Stephen Sidwell, joined Cheddar News to talk about the initiatives his company is taking to tackle climate change and scaling up production to meet demand. "Most people don’t realize it, but buildings are the number one contributor to CO2 emissions," he said. "So that's really what we're attacking, the overall CO2 emissions."
President Volodymyr Zelenskyy last week seemed to have put out a video that urged Ukrainians to put down their arms and surrender to Russia. It was later revealed that it was a “deepfake,” a computer-generated video to mimic the Ukrainian leader. Cheddar News speaks with security expert Morgan Wright about how the technology is being used in the war in Ukraine.
After scrutiny over the negative impact on the mental health of children, social media apps have begun adding stricter limitations to parental controls. Jim Steyer, CEO of Common Sense Media, a nonprofit organization focusing on recommendations for entertainment platforms, joined Cheddar News to talk about the changes, why they might not be enough, and what parents can do to help. "It's almost that the companies — whether they're Snapchat, Instagram, YouTube, or whatever — have to start the process from the beginning of designing the product," he said. "They have to be much more clear about age verification so that a 12-year-old and 11-year-old can't get on there." Steyer also pushed for federal legislation to reign in the issue.
Catching you up on what you need to know on March 25, 2022, with Ukrainian forces retaking Kyiv, 300 deaths reported from the bombing of a theater used as a shelter in Mariupol, U.S. regulators ditch a climate review of natural gas projects, the 94th Academy Awards, and more.
