Alfonso Ribeiro, best known as Carlton from the hit 90s sitcom The Fresh Prince of Bel-Air, is one of a handful of people currently suing Epic Games for putting one of their dances in Fortnite. This isn’t surprising. Fortnite has been a massive hit, and Epic Games has been making yearly profits comparable to Amazon’s off the game. One of the ways that Epic makes their money is by selling emotes, which include digital recreations of well-known dances that players can purchase and perform in-game.
But the most high profile of these lawsuits has been dealt a serious blow. Ribeiro performed the now-famous Carlton Dance while playing his Fresh Prince character. You can see how every step was put into Fortnite.
Source: Cinema Of Gaming YouTube channel
The Copyright Office denied Ribeiro’s attempt to register the dance as a work of choreography. Dance is a complicated form of art in the world of copyright. The denial makes it clear why: “Congress made it clear that it did not intend to protect all forms of dance or movement, specifically stating that ‘“choreographic works” do not include social dance steps and simple routines.’”
This may prove a challenge for all the lawsuits against Epic. Simple dance moves cannot be protected by copyright. To be protected, choreography must be more complex than a simple dance move. As iconic as the electric slide or moonwalk may be, they are not protected. The Copyright Office concluded that The Carlton, consisting of only three dance steps, also should not be protected.
This illustrates that copyright is a complex field with many particular and specific rules. Those seeking protection for their work should not try to navigate it alone. The Law Firm of Dillon McCarthy provides affordable legal services to help those who want to protect their efforts.