Fortnite keeps stealing dances — and no one knows if it’s illegal (2 Viewers)

[SystemShock]

Turns out, my question about whether Alfonso Ribeiro's dance was sufficiently original to qualify for protection was answered today: No.

It's the U.S. Copyright Office's determination and subject to challenge in court, but it seems right to me.



https://www.hollywoodreporter.com/t...e-star-alfonso-ribeiros-carlton-dance-1186666

Ribeiro was never going to win because The Carlton is not original and it already had been portrayed in film years before the Prince of Bel Air aired an episode. His character is simply doing the "white people's dance" of the 80's, like Molly Ringwall in The Breakfast Club (1985), or music videos like 1982's Mad World by Tears For Fears.

Now, the question I have, would the intellectual owners of The Fresh Prince of Bel Air have a case? The dance plus the name "fresh" makes it obvious where they got the idea from.

 

[Saint_Ward]

Turns out, my question about whether Alfonso Ribeiro's dance was sufficiently original to qualify for protection was answered today: No.

It's the U.S. Copyright Office's determination and subject to challenge in court, but it seems right to me.



https://www.hollywoodreporter.com/t...e-star-alfonso-ribeiros-carlton-dance-1186666

So, does that mean a simple dance routine can't be copy righted, so all of these dances on Fortnite and other games (like Destiny) are all ok to steal?

 

[superchuck500]

So, does that mean a simple dance routine can't be copy righted, so all of these dances on Fortnite and other games (like Destiny) are all ok to steal?

I’m not re-writing my post about the standards for copyright.

 

[Saint_Ward]

I’m not re-writing my post about the standards for copyright.

Someone needs to go back on vacation.

I'm just looking to apply this ruling to what you posted earlier.

 

[superchuck500]

So, does that mean a simple dance routine can't be copy righted, so all of these dances on Fortnite and other games (like Destiny) are all ok to steal?

Someone needs to go back on vacation.

I'm just looking to apply this ruling to what you posted earlier.

Okay fine. Keys to copyright are sufficiently original works that the copyright claimant can demonstrate that he/she/it was first to transfix to medium.

In other words: Is the work original/creative enough that it truly is its own thing, and can the claimant show that it was the product of the claimant's work/creativity as demonstrated by the work being transfixed to an appropriate medium by the claimant?

The ruling on The Carlton was that it wasn't sufficiently original. It's just an exaggerated version of some dance moves that are not only simple but commonplace . . . so just because people associate the dance with one person doesn't mean it is that person's intellectual property. But it is certainly possible that a dance move could be simple, but also sufficiently original - so it's not categorical that simple = not copyrightable.

That said, the problem with trying to assert copyright over some short dance move that can be used in a game like Fortnite is that those kind of modern, pop-culture dance moves are probably hard to demonstrate as the original product of a single person (or entity). Not impossible though.

 

[Saint_Ward]

Okay fine. Keys to copyright are sufficiently original works that the copyright claimant can demonstrate that he/she/it was first to transfix to medium.

In other words: Is the work original/creative enough that it truly is its own thing, and can the claimant show that it was the product of the claimant's work/creativity as demonstrated by the work being transfixed to an appropriate medium by the claimant?

The ruling on The Carlton was that it wasn't sufficiently original. It's just an exaggerated version of some dance moves that are not only simple but commonplace . . . so just because people associate the dance with one person doesn't mean it is that person's intellectual property. But it is certainly possible that a dance move could be simple, but also sufficiently original - so it's not categorical that simple = not copyrightable.

That said, the problem with trying to assert copyright over some short dance move that can be used in a game like Fortnite is that those kind of modern, pop-culture dance moves are probably hard to demonstrate as the original product of a single person (or entity). Not impossible though.

What got me thinking about this was there is one such Emote, that, is actually from near the end of the movie The Rock. The guy (Nick Cage) sets off two flares in his hands, and drops to his knees. My guess is you can't just say that dropping to your knees with flares is sufficiently unique.

 

[superchuck500]

What got me thinking about this was there is one such Emote, that, is actually from near the end of the movie The Rock. The guy (Nick Cage) sets off two flares in his hands, and drops to his knees. My guess is you can't just say that dropping to your knees with flares is sufficiently unique.

As a choreographed move, probably not. But movies are copyrighted, including scenes. With the Carlton, the question was whether the dance itself was copyrightable - it was Alphonso Ribero asserting ownership of the dance (rather than the owners of the Fresh Prince copyright asserting violation of their TV copyright). If whatever production company that owns the copyright to The Rock were to assert an infringement action, I think the analysis would be slightly different. I'd have to think more about it with some resources.

 

[Optimus Prime]

Rapper Terrence Ferguson (2 Milly), Fresh Prince of Bel-Air actor Alfonso Ribeiro, Instagram personality Backpack Kid, and viral video star Orange Shirt Kid have all dropped lawsuits against Epic Games alleging the company violated copyright by putting their respective dances in Fortnite.

All four celebrities brought their lawsuits against Epic Games at different points in the last few months, beginning with 2 Milly back in December. Each claimed that one of Fortnite's emotive dance moves was identical to a dance move they had made famous, and since Epic hadn't asked for permission to use it (and in some cases were profiting off the move being in the game), their copyright of the move was violated......…………...

2 Milly, Alfonso Ribeiro, others drop lawsuits against Epic Games over dances

Rapper Terrence Ferguson (2 Milly), Fresh Prince of Bel-Air actor Alfonso Ribeiro, Instagram personality Backpack Kid, …

www.gamesindustry.biz

 

[zeetes]

Rapper Terrence Ferguson (2 Milly), Fresh Prince of Bel-Air actor Alfonso Ribeiro, Instagram personality Backpack Kid, and viral video star Orange Shirt Kid have all dropped lawsuits against Epic Games alleging the company violated copyright by putting their respective dances in Fortnite.

All four celebrities brought their lawsuits against Epic Games at different points in the last few months, beginning with 2 Milly back in December. Each claimed that one of Fortnite's emotive dance moves was identical to a dance move they had made famous, and since Epic hadn't asked for permission to use it (and in some cases were profiting off the move being in the game), their copyright of the move was violated......…………...

2 Milly, Alfonso Ribeiro, others drop lawsuits against Epic Games over dances

Rapper Terrence Ferguson (2 Milly), Fresh Prince of Bel-Air actor Alfonso Ribeiro, Instagram personality Backpack Kid, …

www.gamesindustry.biz

BOOM!!! mother forkers

 

[zeetes]

As a choreographed move, probably not. But movies are copyrighted, including scenes. With the Carlton, the question was whether the dance itself was copyrightable - it was Alphonso Ribero asserting ownership of the dance (rather than the owners of the Fresh Prince copyright asserting violation of their TV copyright). If whatever production company that owns the copyright to The Rock were to assert an infringement action, I think the analysis would be slightly different. I'd have to think more about it with some resources.

blah blah i know teh law blah blah

oh and i didn’t read any of that sheet above. too many post with too many wordsisis.

i’m just guesstimating the obvious without having to do it. there is a word for it, but i don’t know right now.

 

[Saint_Ward]

I"m throwing this here.

 

[Optimus Prime]

When the Carlton dance was refused copyright approval back in February, I thought we might finally be free of the Fortnite emote lawsuits. And yet here I am, writing about yet another case against Epic Games.

Instead of copyright claims, however, this one's a little different - with the focus this time being on misappropriation of identity.

Leo Pellegrino, who's the saxophonist of brass house group Too Many Zooz, is known for his zany dance moves while performing. You can take a look at these here:............

Fortnite's now being sued over a saxophone emote

When the Carlton dance was refused copyright approval back in February, I thought we might finally be free of the Fortn…

www.eurogamer.net

 

[Frank The Rat]

If anyone out there plays fortnite and wants to come join me to use some stolen dances my xbox gamertag and epic name is CaptHoldMyNade

 

[Optimus Prime]

Epic Games finds itself facing a fresh lawsuit after YouTuber and choreographer Kyle Hanagami claims that the 'It's Complicated' emote used in Fortnite is actually based on one of his own dance moves.

Although the emote was introduced to the game in August 2020, Hanagami's move dates back to 2017. He has asked for a court order to remove the emote from the game entirely, along with legal fees and unspecified compensation.

It's not the first time Epic has faced a lawsuit over alleged stolen dance moves, but Hanagami will supposedly have an advantage with his own claim, given that he states he owns the copyright to the 'It's Complicated' move at the time of the filing……

Epic Games Faces Lawsuit Over The 'It's Complicated' Fortnite Dance

Not the first, won't be the last

www.nintendolife.com

 

[Taker597]

This is kind of wild, because Tattoos are copyright protected. And Tattoos aren't important to sell a product. Dances are a big aspect of FN.