The Fresh Prince of Bel-Air's Alfonso Ribeiro sues Epic over Fortnite's 'Fresh' emote

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Alfonso Ribeiro, known to the world for his portrayal of Carlton Banks on The Fresh Prince of Bel-Air, has filed a lawsuit against Epic Games over its use of his signature "Carlton" dance in Fortnite. The lawsuit follows one filed earlier this month by rapper 2 Milly, who claimed that his Milly Rock dance appears in Fortnite, without credit or compensation, as the "Swipe It" emote. 

Ribiero's lawsuit claims that he created and first performed "The Dance," as the suit calls it, in 1991 during the "Will's Christmas Show" episode of The Fresh Prince of Bel-Air, and that it remains "distinctive, immediately recognizable, and inextricably linked to Ribeiro's identity, celebrity, and likeness." It references his performance of the dance on Dancing With the Stars (which he won, by the way, along with partner Witney Carson), during a celebrity golf tournament with Stephen Curry and Justin Timberlake, and alongside Will and Jaden Smith during a 2013 appearance on the Graham Norton Show.   

"The Dance has become synonymous with Ribeiro, who is unanimously credited with creating The Dance," the lawsuit states. "Ribeiro has also been interviewed several times about the creation of The Dance and how to properly perform it. Accordingly, The Dance is a part of Ribeiro’s identity and The Dance’s unique movements readily evoke a connection to Ribeiro." 

The Carlton Dance

Epic, meanwhile, is making a killing on Fortnite: The suit repeats many of the claims made in the 2 Milly filing, including estimates that Fortnite has earned between $1-2 billion through in-game purchases and Bloomberg's estimate that Epic's valuation could hit $8.5 billion by the end of the year. It also notes a number of celebrity dance move lookalikes used without credit in the game, including Milly Rock, Donald Faison's dance moves from Scrubs, and the Carlton, which appears as the "Fresh" emote in Fortnite. 

"Epic uses The Dance, and other dances, to create the false impression that Epic started these dances and crazes or that the performer who created them is endorsing the game," the suit says. "Indeed, Epic induces others and/or contributes to their performance and false attribution of The Dance. Fortnite Players have posted thousands of videos of themselves performing the 'Fresh' emote with the hashtag, #fortnitedance, without referencing The Dance or crediting Ribeiro as The Dance’s creator and owner." 

"Epic has made a fortune from unlawfully and unfairly misappropriating Ribeiro’s and other artists’ creative expression, likeness, and endorsement without crediting or compensating these artists." 

The lawsuit seeks a restraining order that will prevent Epic from selling or otherwise using the "Fresh" emote in Fortnite, damages, legal fees, and "such other and further relief as the Court may deem proper." As with the 2 Milly case, an Epic rep said that the company does not comment on ongoing litigation.

Replies • 44

Planetary

Did he even copyright his dance? if anything, shouldn't it be the producer who filmed the Fresh Prince of Bel-Air series to be the one who owns the copyright to his dance? idk how exactly copyrights work, but it just seems unlawful to copystrike someone for stealing a dance move that someone made up but probably hasn't copyrighted himself.



Snowflake

well, i guess hes broke and doesn't have a real job. so the easiest way is to sue someone. 


Sheik Yerbouti
Alienmade said:

Did he even copyright his dance? if anything, shouldn't it be the producer who filmed the Fresh Prince of Bel-Air series to be the one who owns the copyright to his dance? idk how exactly copyrights work, but it just seems unlawful to copystrike someone for stealing a dance move that someone made up but probably hasn't copyrighted himself.

Yeah I'm also not really sure how copyright works in the US but I don't really like the idea of somebody just copyrighting a dance






Planetary
scrooge69 said:

funny thing it is in star trek onlien aswell :P

And Champions Online too.


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