The 'Fortnite' Dance Lawsuits Are Close to Falling Apart Documents suggest that Alfonso Ribeiro can't copyright his signature move, the 'Carlton Dance.'

By Daniel Cooper

This story originally appeared on Engadget

Chris Trotman | Getty Images via engadget
Alfonso Ribeiro

Epic Games has found itself slapped with a flurry of lawsuits, all alleging the company of stealing people's dance moves and selling them on for a profit. These dances are incorporated into its world-conquering game Fortnite, 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 in one high-profile case, the law might be on Epic's side.

Alfonso Ribeiro, star of early '90s sitcom The 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 a Fortnite emote -- unsubtly named "Fresh" -- inside the game. Sadly, documents uncovered by The Hollywood Reporter reveal 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 of s102(4) Copyright Act 1976, which requires dances to 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 told HuffPost Live (amongst other news outlets) that he was inspired by both Eddie Murphy and Bruce Springsteen's Dancing in the Dark video. 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. Kotaku reports 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.

After training to be an intellectual property lawyer, Dan Cooper abandoned a promising career in financial services to sit at home and play with gadgets. He now serves as Engadget's associate European editor.

Want to be an Entrepreneur Leadership Network contributor? Apply now to join.

Buying / Investing in Business

Risky Bets or Safe Plays? Here's How to Find the Perfect Portfolio Balance

A successful investment strategy blends diversification, self-awareness and regular rebalancing to manage risk and seize growth opportunities.

Business News

UnitedHealth Group's Former CEO Is Returning to the Role — and Receiving a $60 Million Award

Stephen Hemsley is back in charge after leading UnitedHealth Group from 2006 to 2017.

Business Ideas

70 Small Business Ideas to Start in 2025

We put together a list of the best, most profitable small business ideas for entrepreneurs to pursue in 2025.

Business News

Starbucks Employees Aren't Happy With the New Dress Code

Some Starbucks employees are walking out over the changes.

Buying / Investing in Business

Former Zillow Execs Target $1.3T Market

Co-ownership is creating big opportunities for entrepreneurs.

Side Hustle

She Quit Her Job at Trader Joe's After Starting a Side Hustle With $800 — Then She and Her Brother Grew the Business to $20 Million

Jaime Holm and Matt Hannula teamed up to build a business in an industry that "didn't exist" yet.