*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.
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The power of Black Twitter, the name given to a loose network of black Twitter users behind both viral memes and social campaigns, is the premise of "Power Star Live," a 30-minute show that will live stream every Wednesday on the social platform. Jessie Woo and co-host Xilla Valentine aim to dissect how the Twitter users influence pop culture.
The internet is moving away from an ad-based revenue system says Jack Conte, co-founder and CEO of Patreon, a platform that allows people to pay for access to exclusive content from digital creators. That trend is evidenced by the growth that Patreon saw in 2018, Conte said in an interview on Cheddar Wednesday, the same day the company announced it now has more than 3 million subscribers, or "patrons," with more than 100,000 creators on the platform. The company began 2018 with 2 million patrons supporting its content.
TD Ameritrade posted quarterly earnings above expectations, but Wall Street's reaction wasn't exactly enthusiastic. Still, the brokerage firm is celebrating last month's successes. President and CEO Tim Hockey talked to Cheddar about how the company navigates market volatility.
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Latch's partnership with UPS is expanding to more cities ー and applications. "The use cases are so much broader than what we would've thought," Latch CEO and co-founder Luke Schoenfelder told Cheddar Wednesday. "People are coming up with entire new businesses just using our system."
Symbiont, a smart contracts platform for institutional applications of blockchain technology, has raised $20 million in a Series B funding round led by Nasdaq Ventures and joined by new investors Citi.
The addition of Netflix to the exclusive Motion Picture Association of America on Tuesday is likely to prompt a shift in policy, both for the movie industry and for the streaming giant.
"Netflix ($NFLX) is going to shape the MPAA's agenda as much as the reverse," Eriq Gardner, a senior editor at The Hollywood Reporter, told Cheddar.
