*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.
As NBCUniversal, Disney, and WarnerMedia prepare to launch streaming services, Netflix is raising subscription prices to ensure it has the budget to tighten its stronghold and expand its reach in the content wars. Netflix announced on Tuesday it will raise its prices 13 to 18 percent, just as NBCUniversal confirmed it was entering the streaming business with its own subscription service.
Brex, the provider of credit cards for early stage venture-backed companies, plans to broaden its customer set this year to include other small businesses, according to CEO and co-founder Henrique Dubugras.
The National Retail Federation trade show, held this week in New York City, has long been a place for industry players ー merchants, retailers, payment providers, marketing execs ー to gather and preview the latest innovations in commerce. And while Amazon, the world's largest retailer, was conspicuously absent from this year's event the presence of the e-commerce behemoth could be felt across the vast expanse of the Javits Convention Center.
Disappointing quarterly earnings from JPMorgan Chase weighed on the Dow and other major indexes Tuesday morning even though investors seemed optimistic about a new stimulus plan from China. NBC disclosed more details about its ad-supported streaming service which is scheduled to launch in 2020. Plus, Harlem Capital's John Henry joins Cheddar to talk about Gary Vaynerchuk's Agent2021 conference, his new Viceland series, and Harlem Capital's first fund for underrepresented entrepreneurs.
These are the headlines you Need 2 Know for Tuesday Jan. 15, 2019.
Purchasing a major media company like Sony Pictures or Viacom might be the solution to Apple's iPhone problem, according to Wedbush Securities analyst Daniel Ives. "It's a services-led story but you need the content, which is why in our opinion, the stock has struck midnight for Apple to make an acquisition," Ives added.
Samsora shared his thoughts on his recent tournament placing, his new team, and his main character for life, Peach.
Bungie, the famed developer of Halo and Destiny, has parted ways with parent company Activision-Blizzard. The industry-shaking fracture follows several leadership changes at Activision over the last several months, causing investors and gamers alike to wonder how the split will affect the gaming industry.
Meditation app Headspace is zen about its future. Coming off a profitable year in 2018, with more than $100 million in revenue, CEO and co-founder Rich Pierson told Cheddar on Monday that the company is looking to continue its domination of the digital meditation space by pushing into healthcare and international markets.
The Call of Duty World League qualifiers are kicking off this week in Columbus, Ohio. Teams that placed 5th and below at CWL Las Vegas will battle it out for the remaining 12 spots in the 2019 CWL Pro League. G2 Esports pro Anthony "Methodz" Zinni joins Cheddar Sports to discuss the League and what it's like playing for his new team.
