*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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Tesla shares surged in after-market trading on Wednesday after the company surprised investors with strong adjusted quarterly earnings of $2.90 a share, far exceeding expectations. "As a Tesla bull, this is the quarter we've all been waiting for," Galileo Russell, founder of HyperChange TV, told Cheddar. "This is proving that Tesla can make money, they're on their way to being the most profitable automaker in the entire world. This is justifying the company's valuation; this is all good news."
Snap has hired a new chief business officer and chief strategy officer. The news comes a day before the company's earnings release and as Cheddar's Alex Heath reports an internal survey suggests 40 percent of Snap employees don't plan to stay around very long.
After Trivago's latest earnings report on Wednesday, it can once again claim profitability, a milestone the CEO hopes will restore faith in the travel-booking platform.
"I think for us it was super important to get back to profitability, to really show what this company can achieve and to gain confidence and to show the markets, 'Hey, Trivago can be a profitable company,'" Rolf Schroemgens told Cheddar Wednesday.
Tesla shares are surging as investors prepare for the company to release quarterly earnings Wednesday after the markets close. President Trump criticized Federal Reserve Chair Jerome Powell (again) in an interview with the Wall Street Journal. And Kerry Bishé and Corey Stoll join Cheddar to talk about their roles on Amazon's new series 'The Romanoffs.'
Stocks declined sharply Wednesday afternoon, with the Nasdaq recording its biggest monthly drop in almost a decade, as bad housing news and global trade concerns added to another tumultuous day on Wall Street.
Apple CEO Tim Cook made his most forceful comments yet on the privacy concerns plaguing the tech industry, telling a conference in Brussels, Belgium that a "data-industrial complex" has led to eroding privacy rights around the world. Cook then called on the U.S. to adopt a landmark federal privacy law like the GDPR that went into effect earlier this year in the EU.
Snapchat employees are looking to jump ship in growing numbers after a botched app redesign and drop in stock price soured many on the company’s future, according to an internal, anonymous survey.
Markets may have closed off their lows of the day, but Jack Kramer, co-founder and co-CEO of MarketSnacks, said there's still plenty that could weigh on investors over the next year.
Teens are abandoning Snapchat and turning to Instagram and Brian Deagon, senior reporter for Investor's Business Daily, said that Snapchat could likely not recover from its recent blunders.
