Alfonso Ribeiro is suing Epic Games for using his dance move in Fortnite



Since the advent of emotes in Fortnite, Epic Games has been adapting popular dance moves to be used as premium taunts in-game. This has also lead to the company finding themselves in legal hot water, with the rapper 2 Milly recently suing the company for selling his dance move as an emote. Now, another party has joined the lawsuit fray, with Alfonso Ribeiro also claiming that Epic Games has "stolen" his signature dance move, and is using it without asking for his permission. This move is called the Carlton dance, and in Fortnite, it's dubbed as the "Fresh" emote, seemingly a reference to Ribeiro starring on the TV show The Fresh Prince of Bel-Air. None of the prior allegations over these dances being in Fortnite have gone anywhere, yet, though it is not known if the "Carlton" is definitively copyrighted work to begin with, or if that copyright does not belong to Ribeiro, and instead lies with the company in charge of creating The Fresh Prince of Bel-Air, where the dance originated.

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The Catboy

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Common misconception: you don't "file" for a copyright. It's a right you automatically gain the moment you do something creative.
Though, in the USA specifically, dance moves do not have any rights associated with them. In most of the rest of the world they do. This means stealing dances (just the dance itself, nothing else) is perfectly legal within the USA, in practically any context or situation.
But you do need to have it filed in order to file a copyright infringement lawsuit, that's part of the requirement for a copyright infringement lawsuit. He can sue, but it can't be for copyright infringement without a legally filed copyright.


Sorta! Even if he did create it, and even if this wasn't in the USA and there were rights involved to begin with, copyright for "work for hire" automatically goes towards the employer. In other words: rights would be owned by the studio that produced the TV show, not the actor. (Unless his contract specifically excluded the automatic rights transfer - but that would be extremely uncommon for such a contract.)
That is very true and opens up another can of worms that I really hope comes up if this case actually goes anywhere. Does he own the dance or does NBC? That's actually important because that will affect both this case and the possibility of his copyright. Of course, that also goes with the question of, did he actually create the dance or did someone else and he just performed it? What I am trying to get at is, this a copyright mess and it's actually really not easy for me to sum up everything wrong with this case without writing an essay on it. He can't just claim something because he made it famous, he needs to prove that that something is something that he created and legally belongs to him, is what I am trying to get.
 
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But you do need to have it filed in order to file a copyright infringement lawsuit, that's part of the requirement for a copyright infringement lawsuit. He can sue, but it can't be for copyright infringement without a legally filed copyright.

That is very true and opens up another can of worms that I really hope comes up if this case actually goes anywhere. Does he own the dance or does NBC? That's actually important because that will affect both this case and the possibility of his copyright. Of course, that also goes with the question of, did he actually create the dance or did someone else and he just performed it? What I am trying to get at is, this a copyright mess and it's actually really not easy for me to sum up everything wrong with this case without writing an essay on it.
Nope, no need to file for anything. That's just lawyers wanting to make money off of you. There are no "real" legal advantages to registration. The only thing it helps with, is proving the date of the creation. (Which, if you never published anything, is practically impossible otherwise.)
For example with this specific case, the date of creation is clearly known as sometime before the first air date of the first episode that used the dance. This is a simple fact anyone can confirm, making registration a very expensive useless thing here.

I am however interested in seeing this play out, just like you, but for different reasons: I'd like to see the USA start to recognize copyright on dance moves. Excluding choreographers from copyright protection is pretty mean and inconsistent, since practically all other art forms are protected.
As far as the things you are wondering about... that's pretty clear-cut, actually: the dance is most likely owned by the studio that made the TV show (not the actor, and definitely not the TV channel!).
The actor created the work, but the studio hired the actor AND locked it into a tangible medium (video tape, most likely), clearly making them the "potential" rights holder (again, if there were rights to begin with, which there aren't in this case).
The TV channel only has a license to redistribute the final work (the TV show), by for example broadcasting it.
This all is unrelated to who came up with the "idea" of the dance, by the way. Ideas cannot be protected and thus cannot be stolen (patents get close to "protecting an idea", but those are for "solutions to technical problems", and a dance created for entertainment is hardly a solution to a technical problem).
Oh, and there's also trademarks, but those are for company/product logos. They only protect a certain symbolism in combination with a certain product type or business area. That's completely separate from copyright, and most logos are protected with both trademarks and copyrights (though one without the other, or even neither, are also quite possible).
 

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guess he never played doesn't see a giant pile of money with Saints Row. Specifically 3-4 (but maybe also 1-2, i barely played those).
 

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Let's this be a lesson kids, always ask fot permission and or consent first. Had they done so, both sides would have avoided feeding the lawyers.
 

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I'm all for corporate entities getting fined for stealing / monetising black culture so in principle I support anyone who feels that the Fortnite devs have ripped them off.

Whether or not Carlton actually has a firm legal grounding to sue Epic is something I wouldn't know about but I'm I'm sure as hell certain that nobody involved in making these dances part of Fortnite's identity thought that they were stealing; theft and appropriation is normal, banal, business as usual.
 

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I mean, dance is nothing more than just move of your body so practicaly EVERYBODY in reasonable shape and physical health could do this dance way before Ribeiro was even born so how he can claim to be original inventor of it in the first place?
I'm not a fan of Fortnite (tho i don't see why people hate it with such a passion, it's just a game ffs), but seriously this is stupid. I'm going to copyright ass-wipe dance and you'll all pay me for being able to not walk with dirty butts!
 

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I mean, dance is nothing more than just move of your body so practicaly EVERYBODY in reasonable shape and physical health could do this dance way before Ribeiro was even born so how he can claim to be original inventor of it in the first place?
I'm not a fan of Fortnite (tho i don't see why people hate it with such a passion, it's just a game ffs), but seriously this is stupid. I'm going to copyright ass-wipe dance and you'll all pay me for being able to not walk with dirty butts!
Money and 5 minutes fame (or hate?) are the main reasons really.
As for hating the game, well, it's well known that it's hip to hate what's popular.
 

crissal

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I mean, dance is nothing more than just move of your body so practicaly EVERYBODY in reasonable shape and physical health could do this dance way before Ribeiro was even born so how he can claim to be original inventor of it in the first place?
I'm not a fan of Fortnite (tho i don't see why people hate it with such a passion, it's just a game ffs), but seriously this is stupid. I'm going to copyright ass-wipe dance and you'll all pay me for being able to not walk with dirty butts!
This. Can you really copyright just some movements of your arms and legs? If so, Michael Jackson only with his moonwalk would have earned bilions of $.
 

tech3475

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This. Can you really copyright just some movements of your arms and legs? If so, Michael Jackson only with his moonwalk would have earned bilions of $.

Quickly looking it up, it is possible if you follow certain criteria e.g. video recording, original, etc.
 

AmandaRose

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This. Can you really copyright just some movements of your arms and legs? If so, Michael Jackson only with his moonwalk would have earned bilions of $.
Except Michael Jackson never invented the moon walk it was a guy called Cab Calloway in the 1930s and a few other did it before Jackson. Judy Garland does it in the 1950s film meet me in St Louis. The mime artist Marcel Marceau did it as part of his act in the 50s and 60s. Even the wrestler Micheal PS Hays was doing it in the 70s
 
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