Alfonso Ribeiro, the actor who played Carlton Banks in The Fresh Prince of Bel-Air and made the “Carlton Dance” famous, probably isn’t dancing after a recent ruling by the U.S. Copyright Office and a motion to dismiss one of his lawsuits. In the interest of his lawsuits against Fortnite developer Epic Games and Take-Two for including emotes that resemble the dance in their games, Ribeiro filed to copyright the “Carlton Dance.” But his filing was denied, which could serve as a major hit to his lawsuits.
The legal document released detail multiple problems with Ribeiro’s claims to own the “Carlton Dance.” First, the Copyright Office ruled that the dance is a “simple dance routine” and therefore it cannot be registered “as a choreographic work.” According to the Copyright Office, only more complex choreographic works can be copyrighted, but simple dance routines and movements are classified as “building blocks of free expression” and protected by the First Amendment, so they cannot be claimed by an individual.
The document also calls out the fact that even though Ribeiro says he created the dance for The Fresh Prince of Bel-Air, he has never tried to copyright the dance before “presumably because [Ribeiro] knows that he does not own the copyright.” This particular motion to dismiss, which will have a hearing on March 18, is concerned with Take-Two and NBA 2K, but the ruling does not bode well for both this lawsuit and Ribeiro’s lawsuit against Fortnite.
Considering the basis on which the Copyright Office has dismissed the copyright claims of a signature dance move, this has the potential to set a precedent for some of the other lawsuits brought against Fortnite. Both “The Floss Dance” and 2 Milly’s “Milly Rock” move are part of separate lawsuits and copyright filings. While a final ruling needs to be made in all these cases, emotes across the gaming industry might end up coming out on top in these legal battles.
Fornite is available on Android, iOS, PC, PlayStation 4, Switch, and Xbox One.
Source: Vibe
