Alfonso Ribeiro, the actor known for playing Carlton in the TV series The Fresh Prince of Bel-Air, has hit a major stumbling block in his legal action against Fortnite and Epic Games, and 2K Games and the NBA 2K series. He’s been refused copyright of the Carlton dance.
The US Copyright Office made no bones about it.
“Upon review of the material deposited for registration, we must refuse registration [of the dance] because the work submitted for registration is a simple dance routine,” it said in a letter uploaded by the Hollywood Reporter (dated 22nd January). “As such, it is not registrable as a choreographic work.”
The key word is “simple”. To register a choreographic work it has to be substantial. Simple routines or social dance steps – think the basic waltz step or second position in ballet – aren’t protectable.
The US Copyright Office defined the submitted Carlton dance as containing three steps:
- “The dancer sways their hips as they step from side to side, while swinging their arms in an exaggerated manner.”The dancer takes two steps to each side while opening and closing their legs and their arms in unison.”The dancer’s feet are still and they lower one hand from above their head to the middle of their chest while fluttering their fingers.”
“The combination of these three dance steps is a simple routine that is not registerable as a choreographic work,” the US Copyright Office reiterated. “Accordingly, your application for registration is refused.”
The law firm defending both Epic Games and Take-Two/2K was quick to pounce on this.
“This lawsuit suffers from a host of issues ranging from a lack of plausible ownership, to a lack of substantial similarity, to preemption by the Copyright Act,” wrote Dale Cendali, from Kirkland & Ellis, in her Take-Two defence (dated 13th Feb). “Fundamentally, it conflicts with the First Amendment as it attempts to impose liability, and thereby chill creative expression, by claiming rights that Plaintiff [Alfonso Ribeiro] does not hold. It should be dismissed.”