The 'Fortnite' Dance Lawsuits Are Close to Falling ApartDocuments suggest that Alfonso Ribeiro can't copyright his signature move, the 'Carlton Dance.'
This story originally appeared onEngadget
Epic Games has found itself slapped with aflurry of lawsuits, all alleging the company ofstealing people'sdance movesand selling them on for a profit. These dances are incorporated into its world-conquering gameFortnite, which are bought by players for a quantity of in-game currency (costing real money). That's angered a number of musicians and viral video stars, who feel that they've been ripped off, but inone high-profile case, the law might be on Epic's side.
阿方索Ribeiro, star of early '90s sitcomThe Fresh Prince of Bel-Air, was one of the plaintiffs arguing for a slice of Epic's cash. Ribeiro claimed to be the creator of the "Carlton Dance," a goofy routine that Epic sold as aFortniteemote -- unsubtly named "Fresh" -- inside the game. Sadly, documents uncovered byThe Hollywood Reporterreveal that Ribeiro's application to copyright his sway has been denied.
According to the US Copyright Office, Ribeiro's claim to copyright the "Carlton Dance" has failed because it is just a "simple dance routine." That puts it beyond the protections ofs102(4) Copyright Act 1976, whichrequires dancesto be "a related series of dance movements and patterns organized into a coherent whole." Not to mention that, if basic motions were copyrightable, nobody would be able to walk down the street without facing a potential lawsuit.
Ribeiro was always on shaky legal ground to begin with, given that he often admitted that the "Carlton Dance" was inspired by others. In 2015, he toldHuffPost Live(amongst othernews outlets) that he was inspired by both Eddie Murphy and Bruce Springsteen'sDancing in the Darkvideo. Specifically, the moment when a pre-fame Courtney Cox is invited on stage to dance, which Ribiero says he adopted.
There was also the more nuanced legal fact that Ribeiro initially performed on a televised sitcom, his employer at the time. Which meant that, if the dance had been copyrightable (which it isn't), NBC, rather than Ribiero, would be the owner. Now, while the lawsuit hasn't been thrown out (yet), it doesn't sound too good for the actor, or anyone else who's trying to get a cut of Epic's epic windfall.
This week has also seen Epic Games request for another lawsuit, brought by rapper 2 Milly, to be thrown out.Kotakureports that the company says that the allegedly infringing emote is too short to be copyrighted, as above. And Epic adds that the Swipe It dance is different enough from the Milly Rock to avoid infringement, even though fans have said that they're pretty similar. It remains for the courts to determine the validity of that position, but it's interesting to see what new precedent will be created.