*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.
Shares of Disney jumped after the bell on Tuesday, boosted by revenue growth in its television and parks divisions. The report was good news for investors looking to gauge Disney’s strength as it deepens its direct-to-consumer offerings in an effort to compete against rivals like Netflix and Apple.
Shares of embattled social media company Snap soared more than 16 percent in extended trading on Tuesday, after beating Wall Street's expectations for its fourth-quarter financial results and reporting relatively stable daily active users year-over-year. Wedbush's Dan Ives said the results showed signs of progress.
Viacom CFO Wade Davis says the company's recent acquisition of Pluto TV gives it a competitive advantage as it vies for consumers in a saturated market."The market for video products has been segmenting for some time now," Davis told Cheddar Tuesday. "With this segmentation, consumers have become a lot more value conscious, and we think that that underscores the opportunity in what we talk about as the free price point."
Blue Hexagon, a company focused on protecting companies from cyberthreats, has raised $31 million from Benchmark Capital and Altimeter Capital, which called the startup's deep learning technology a "game changer" in cybersecurity.
Google parent company Alphabet slipped in extended trading on Monday after the FAANG stock beat Wall Street expectations on its top and bottom lines, but cost-per-click ー or the amount Google charges advertisers when an ad gets clicked ー fell 29 percent on Google properties.
Facebook has made its first acquisition in the blockchain space. The social network has quietly hired the team behind Chainspace, a small blockchain startup founded by researchers from University College London, Cheddar has learned. Chainspace was building a decentralized “smart contracts” system that could facilitate payments and other services through blockchain technology.
Chris 'Hellpockets" Fields reflects on the Red Bull Final Summoning. Hellpockets also weighs on the character changes in Dragon Ball Fighterz.
These are the headlines you Need 2 Know for Monday, Feb. 4, 2019.
From Wall Street to Silicon Valley, these are the top stories that moved markets and had investors, business leaders, and entrepreneurs talking this week on Cheddar.
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