*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.
Janet Comenos, the CEO of celebrity marketing company, Spotted sat down with Cheddar anchors to discuss the rise in "disgrace insurance," the cost to protect brands from scandals surrounding celebrity endorsers -- something prompted by Harvey Weinstein and the #MeToo movement.
Citron Research's Andrew Left raised his price target on Twitter to $52 a share this week, more than 60 percent higher than where the stock closed Thursday. The long-time short seller, who earlier this year said the social media platform was more susceptible to regulation than its competition, is less concerned by privacy issues now and applauded CEO Jack Dorsey's efforts in video.
The SEC is reportedly moving forward with its investigation into Tesla and outspoken CEO Elon Musk. Laura Unger, former chair of the SEC, told Cheddar she suspects Musk hadn't truly secured funding to take the company private when he tweeted that he had. "I do think he's probably wishing right now that he's the CEO of a private company," she said.
The gaming headset maker Turtle Beach smashed revenue expectations in the second quarter, earning $60.8 million ー up from $19.1 million the year before. To build on growing sales in the console market, CEO Juergen Stark says Turtle Beach is introducing a new headset built for PC gamers.
Avis, the car-rental company, has a fleet of 100,000 connected vehicles and new partnerships with Airbnb, Lyft, and Waymo, the self-driving car company owned by Alphabet. It's part of a strategy to provide "mobility on demand for the global traveler," says Arthur Orduna, Avis's chief innovation officer.
In a converted Brooklyn warehouse, dozens of developers are the next internet of apps on the Ethereum network. Their work may be the foundation of all future transactions, says Joseph Lubin, the billionaire Ethereum co-founder behind the incubator Consensys. Cheddar went behind the scenes with Lubin to see how the future of the internet is being built on blockchain technology.
Teens whose families earn $30,000 or less a year are more likely to rely on Facebook for homework help than their wealthier peers, according to Pew Research Center study. This shows how students who may have less access to resources, "use Facebook to kind of get ahead," says Hanna Kozlowska, a reporter at Quartz.
Jessica Rolph, the co-founder and CEO of Lovevery, a subscription service for children's toys and books, says her company was borne out of her wish "meet my child where they were." The subscription service sends boxes every other month with age-appropriate items to help new parents and their babies get through those early, clumsy years.
The SEC has subpoenaed Tesla over CEO Elon Musk's tweets to take the company private, according to multiple media reports. John Reed Stark, President of John Reed Stark Consulting, and a former SEC enforcement attorney told Cheddar that there’s not enough information at this point to tell whether or not Musk intended to drive up the stock price by tweeting last week that he wanted to take Tesla private.
WOW! ー Wide Open West ー is a video, internet, and phone company that is a "challenger brand for every market," says the CEO Teresa Elder. Available in about 20 markets in the American South and Midwest, WOW! recently announced a content deal with Cheddar.
