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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.

Source

 

[CannonFoddr]

Actually - just read an article in The Sun newspaper..
Apparently Alfonso "has been caught admitting he stole it in the first place"

 

[|<roni&g]

I don't give two shits about fortnight.. But damn, that's a fucking stupid thing to say.

I hope wipeout doesn't make anymore games. I mean, it's a horrible racing game and you're obviously insane for liking it. How dare you!

If you’re against fortnite and battle royal garbage we need it to die because it distracts from other decent games being produced. Gamings going downhill fast with loot boxes, virtual currencies & iaps

 

[Subtle Demise]

Uh.. Technically you can copyright work outs, you don't think p90x or the countless other workout programs are copyrighted? I'm pretty sure you can copyright specific workout techniques as well, I believe a few body builders including Arny have there own copyrighted lifts

I think it's silly to copyright something that can easily be replicated at home with just your body, but maybe I'm the crazy one here. I predict DMCA takedowns of youtube videos if someone does a dance that remotely resembles a dance move someone did 30 years ago at a party while they were drunk.

 

[K3Nv2]

Hmmm what about the fact that the dance is part of a copyrighted TV show under NBC? If so then it's still technically not his as NBC would file suit.

Ironically enough this same thing happened to Nintendo decades ago as Universal sued them over stealing Donkey kongs image over king Kong resembling each other, guess who won they favored Nintendo due to free public domain.

I guess the more adult thing to do would be to at least give credit where credit is due if you take inspiration from others there's nothing wrong with at least acknowledging them and giving some sort of praise. Fucking people just think the court system is a quick cash out instead of just acting like adults alduts about things.

 

[TheRealNGB]

I think it's silly to copyright something that can easily be replicated at home with just your body, but maybe I'm the crazy one here. I predict DMCA takedowns of youtube videos if someone does a dance that remotely resembles a dance move someone did 30 years ago at a party while they were drunk.

but this is not just someone replicating a dance move they saw someone do at a party, its a video games raking millions of dollars using content popularized by other famous figures. There is a big difference there. If the owners of Epic wanted to do "The Carlton" at home as a victory dance for creating another successful video game I'm sure no one would blink an eye, but there not, there selling the dance as part of the game.

 

[Don Jon]

Hmmm what about the fact that the dance is part of a copyrighted TV show under NBC? If so then it's still technically not his as NBC would file suit.

Ironically enough this same thing happened to Nintendo decades ago as Universal sued them over stealing Donkey kongs image over king Kong resembling each other, guess who won they favored Nintendo due to free public domain.

I guess the more adult thing to do would be to at least give credit where credit is due if you take inspiration from others there's nothing wrong with at least acknowledging them and giving some sort of praise. Fucking people just think the court system is a quick cash out instead of just acting like adults alduts about things.

I dont think anyone here cares about at least epic games acknowledging where credit is due

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but this is not just someone replicating a dance move they saw someone do at a party, its a video games raking millions of dollars using content popularized by other famous figures. There is a big difference there. If the owners of Epic wanted to do "The Carlton" at home as a victory dance for creating another successful video game I'm sure no one would blink an eye, but there not, there selling the dance as part of the game.

So true. Epic games is spitting cash out of their ass snd selling someone elses moves for premium $$$.

 

[Tigran]

If you’re against fortnite and battle royal garbage we need it to die because it distracts from other decent games being produced. Gamings going downhill fast with loot boxes, virtual currencies & iaps

Wipeout and other arcade racer garbage needs to die because it distracts from other decent games being produced.

 

[the_randomizer]

What a pantywaist, you shouldn't be able to copyright a dance.

 

[|<roni&g]

Wipeout and other arcade racer garbage needs to die because it distracts from other decent games being produced.

Haven’t played much wipeout but I’d take it over fortnite or any other battle royal game every time.
I hate simulation racing games, they’re so boring. 3 of my favourite racing games are dirt showdown, hydro thunder hurricane & asphalt 8/xtreme those are real racing games

 

[KHANV1CT]

So it's worth noting that you technically can copyright a dance style, but I am not finding any records to show that he has a filed for a copyright on his dance style. This basically means that it's completely legal for them to use his dance style.
That being said, he would have a hell of a time trying to copyright his dance now that he's actually trying to press legal charges without any legal ground to stand on. And even if he did, the game would still be safe as it exists before any copyright was made. This isn't just stupid and a waste of time, this is the kind of stupid that's just going to end so badly for him.

There doesn't have to be a copyright at the time the suit is filed. If he can prove in court that he created the dance then that's enough to win against Epic.

 

[Kubas_inko]

Ridiculous.
Unless it's been trademarked he stands no chance of winning that battle.
No one can "own" a dance move.

you can't patent a dance, Alfonso.

Disney can do anything.

 

[comput3rus3r]

Disney can do anything.

Alfonso is not Disney.

 

[duwen]

but this is not just someone replicating a dance move they saw someone do at a party, its a video games raking millions of dollars using content popularized by other famous figures. There is a big difference there. If the owners of Epic wanted to do "The Carlton" at home as a victory dance for creating another successful video game I'm sure no one would blink an eye, but there not, there selling the dance as part of the game.

No ones playing Fortnite because of the dance moves... a dance move that no one "owns", no less. As pointed out in the news article posted earlier, it was "inspired" by dances by Courtney Cox and Eddie Murphy, and they were probably "inspired" by someone before them.
There may be some bizarre legal precedents that otherwise prove me wrong, but imo by definition any movement a human body can perform is 'public domain'.
Skateboarders don't pull this shit... Tony Hawk was undeniably the first person to do the 900, but you don't see him demanding a cut of anyone elses attempts at the trick.
Dick Fosburys relatives could make a fortune demanding that all high jumpers pay a royalty to perform the Fosbury Flop... which could set the event back 50 years.

 

[TheRealNGB]

No ones playing Fortnite because of the dance moves... a dance move that no one "owns", no less. As pointed out in the news article posted earlier, it was "inspired" by dances by Courtney Cox and Eddie Murphy, and they were probably "inspired" by someone before them.
There may be some bizarre legal precedents that otherwise prove me wrong, but imo by definition any movement a human body can perform is 'public domain'.
Skateboarders don't pull this shit... Tony Hawk was undeniably the first person to do the 900, but you don't see him demanding a cut of anyone elses attempts at the trick.
Dick Fosburys relatives could make a fortune demanding that all high jumpers pay a royalty to perform the Fosbury Flop... which could set the event back 50 years.

I would argue your first sentence there is completely wrong, there is by large a number of casual players, and even many more that play the game regularly that were inspired to do so by the dance emotes alone, I don't know how anyone who knows even a little about the game could say people are not drawn to the game by them.

Also if you don't believe that body movements can be copyrighted just look up "copyrighted choreography" yes, it is a thing. There is a difference between imitating body movements, and selling choreography that someone else created, "West Side Story" is a copyrighted choreography, and you can be sued for making money off the recreation of it. Btw Tony Hawk is not undeniably the first person to do the 900, he was however the first person seen on film every completing one, but the concept of doing a 900 on a skateboard was created and being performed over a decade prior.

 

[duwen]

Also if you don't believe that body movements can be copyrighted just look up "copyrighted choreography" yes, it is a thing.

I'm not arguing that at all... but by definition, choreography is a sequence of moves - the Carlton dance is one move, thus not choreography. It's as copywritable as hula-hooping.

 

[TheRealNGB]

I'm not arguing that at all... but by definition, choreography is a sequence of moves - the Carlton dance is one move, thus not choreography. It's as copywritable as hula-hooping.

It is definitely a grey area, hence why proper lawyers, and court proceeding would be needed to determine if any kind of rights were being infringed upon, technically "The Carlton" is a sequence of moves that were created as a performance piece, not simply one move like "The Running Man" or "Flossing" I mean the popularization of the dance sequence, and most well known name for it is literally the name of the character he portrayed while performing it.

Even if he did admit being inspired by others, that would only give those people the right to use those parts which were the inspiration without permission, not the name, or complete likeness, and definitely not for financial gain.

 

[duwen]

It is definitely a grey area, hence why proper lawyers, and court proceeding would be needed to determine if any kind of rights were being infringed upon, technically "The Carlton" is a sequence of moves that were created as a performance piece, not simply one move like "The Running Man" or "Flossing" I mean the popularization of the dance sequence, and most well known name for it is literally the name of the character he portrayed while performing it.

Even if he did admit being inspired by others, that would only give those people the right to use those parts which were the inspiration without permission, not the name, or complete likeness, and definitely not for financial gain.

Even so, it would then probably hinge on the fact that he doesn't own the character of Carlton (regardless of who came up with the move) - that would likely be NBC or whatever subsidiary production company made FPoBA.

 

[TheRealNGB]

Even so, it would then probably hinge on the fact that he doesn't own the character of Carlton (regardless of who came up with the move) - that would likely be NBC or whatever subsidiary production company made FPoBA.

But that only magnifies the issue, instead of dealing with one lone actor who might not have the resources or significance to put up the proper legal battle to defend there copyright you are dealing with Comcast which could easily afford to blow Epic out in a legal battle if they chose to.

 

[duwen]

But that only magnifies the issue, instead of dealing with one lone actor who might not have the resources or significance to put up the proper legal battle to defend there copyright you are dealing with Comcast which could easily afford to blow Epic out in a legal battle if they chose to.

And this is why it's ridiculous to be so presumptive to claim something as intangible as a dance as your own when all it would take to refute it would be evidence that anyone had done it previously - and when that thing is something as simple as the Carlton dance, the evidence would be inconsequential and it would become a case of "how possible is it that someone might have done this before?". It's a legal battle that no one in their right mind would take further than just publicising it/themselves.

 

[TheRealNGB]

And this is why it's ridiculous to be so presumptive to claim something as intangible as a dance as your own when all it would take to refute it would be evidence that anyone had done it previously - and when that thing is something as simple as the Carlton dance, the evidence would be inconsequential and it would become a case of "how possible is it that someone might have done this before?". It's a legal battle that no one in their right mind would take further than just publicising it/themselves.

And what is the likelihood that anyone has evidence of that? I would think in this day and age if the evidence existed it would have been presented, as far as I can tell most news outlets including NBC are crediting Al as the creator of the dance, It's hard to imagine that they are all just wrong, and doing bad reporting, maybe 1 or even two, but all of them? Everyone knows that he created it, and where it was inspired from, and Epic has blatantly stole his creation, and are selling it at $8 a pop.