*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 VC funds shovel money into start-ups, they have noticeably stayed away from Juul, even as it exploded in growth and catapulted to become the most valuable vape brand. Erin Griffith, correspondent for the New York Times, said investors appear to be taking a moral stand, even as they simultaneously invest in other nicotine-delivery products.
SoundCloud announced Tuesday that it is expanding its "Premier" feature, which takes a focus on the scores of musicians who use the service to record and promote their work. CEO Kerry Trainor said this feature will allow artists to be directly monetized on the platform, and it will rival any process at other streaming services like Spotify or Apple Music.
Google's Pixel event kicks off on Tuesday in New York City. The company is expected to announce three new phones, with one costing upwards of $1,000. Russell Holly, Senior Editor at Android Central and Ajay Kumar, Mobile Analyst at PCMag, give their predictions for the future of Google's hardware ecosystem.
These are the headlines you Need 2 Know.
The Wall Street Journal reported on Monday that Google had exposed over 500,000 Google+ users' data and failed to alert authorities. The company ultimately said it would shut down the consumer version of the social network. Douglas MacMillan, the reporter who broke the story for the Journal, said Google's handling of the information is causing a lot of speculation about the tech giant's business practices.
Grocery delivery has a new player in Los Angeles: Milk and Eggs. This service connects consumers with farmers and food producers, and the food is delivered straight from the source, made fresh for every order. Kenneth Wu, CEO and founder of Milk and Eggs, said that unlike Walmart and Amazon, his company is able to completely eliminate the grocery store.
The tech giant made its decision after reports that the data of about a half million users of Google+ had been exposed. The company reportedly chose not to disclose the bug for fear of repercussions. Google said there was no evidence the information was misused.
Acclaimed music producer, DJ, and entrepreneur Steve Aoki is dipping his toe into comic books. At New York Comic Con Aoki debuted 'Neon Future,' his comic debut.
With sites like Priceline, Kayak, and Travelocity helping consumers find cheaper flights in-the-moment, Hopper is going one step further, letting customers know when to wait to buy an airline ticket by predicting when prices will go down. With a new round of funding, Hopper is going all in on artificial intelligence technology, helping consumers find the cheapest flights possible, said Dakota Smith, the company's head of growth and business.
These are the headlines you Need 2 Know.
