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The Courts Your Rights Online Games

Copyright Office Refuses Registration for 'Fresh Prince' Star Alfonso Ribeiro's "Carlton Dance" (hollywoodreporter.com) 61

The U.S. Copyright Office is skeptical about Fresh Prince of Bel-Air actor Alfonso Ribeiro's ownership claim over the signature "Carlton Dance," which became famous after a 1991 episode of the Will Smith series. From a report: In correspondence last month that was surfaced on Wednesday in California federal court, Saskia Florence, a supervisory registration specialist in the Office's Performing Arts Division, told Ribeiro's attorney that registration must be refused because his claimed "choreographic work" was a "simple dance routine."

[...] Take-Two Interactive, publisher of the game NBA 2K, is now seizing upon the refusal in support of the argument that movements for the "Carlton Dance" are not protectable. Ribeiro is suing Take-Two as well as the publisher of Fortnite over special features that allow game players to have their avatars perform the dance. In a dismissal brief, Kirkland & Ellis attorney Dale Cendali makes some of the same arguments she did earlier in the week in an attempt to reject a similar lawsuit over Fortnite from the rapper 2 Milly. But there are particular contentions specifically directed at Ribeiro's claim.

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Copyright Office Refuses Registration for 'Fresh Prince' Star Alfonso Ribeiro's "Carlton Dance"

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  • I can see (Score:5, Funny)

    by mandark1967 ( 630856 ) on Friday February 15, 2019 @02:38PM (#58127926) Homepage Journal

    Take Two's attorneys doing the Carlton Dance as they head into court to get the lawsuit dismissed with prejudice...

  • by Anonymous Coward

    tl;dr copyright: Dance routines can be copyrighted, IE the choreography of a dance number in a musical, or music video. Dance *moves* cannot be copyrighted.

    • by Anonymous Coward
      Without weighing in on whether I think this dance should or should not be copyrighted, what exactly is the point where a "simple routine" becomes a "choreographic work"? It's like the heap problem. 1 grain of sand is not a heap, nor is 2, 3, or 4 grains of sand. But a dump truck full of sand, that is definitely a heap. At what point it became a heap though, is anyone's guess.
      • That question applies to most copyrighted work, not just dancing, whether it be a portion of a novel, or the text of a piece of software code.

        At some small size we say there is no copyright. As some larger size judges allow fair use, while recognizing that the larger work can be copyrighted. As some still larger size we find a violation in which the possibility of damages would be discussed with a judge.

        The lines have not be drawn for dancing so clearly, but the general principle is not new.

      • by neoRUR ( 674398 )

        Yes and all music is just 7 notes. So a song is..those notes in different variations. but you cant copyright the notes.

    • by lmnfrs ( 829146 )

      Dance *moves* cannot be copyrighted.

      But, if a device is invented for a move it can be patented [google.com].

    • by AHuxley ( 892839 )
      The choreography of a Radetzky march "dance"?
      How new does the music have to be?
      New dance, old music?
      New music and a new dance?
  • The name of the dance could belong to NBC but not the dance itself.

  • by Anonymous Coward

    If an actor from a TV show that went off the air 22 years ago can not claim ownership of a brief movement of his body paid for, written, edited, and directed by other people than the entire concept of copyright is broken.

  • It would be great if the copyright office declared dances copyrightable, and then the DOJ aggressively pursued attendees of wedding receptions for doing the Chicken Dance, the Electric Slide, and the Macarena. Remember, everything copyrightable is protected by default.
  • by mark-t ( 151149 ) <markt AT nerdflat DOT com> on Friday February 15, 2019 @04:12PM (#58128484) Journal

    Individual dance movements themselves cannot generally be copyrighted as far as I know, although I believe that entire dance performances may be. The "Carlton Dance" is not a specific entire dance, however, it is only a single specific and very simple dance movement. While entire dances can be copyrighted, as far as I am aware, individual dance movements themselves cannot be. That said, this sort of thing might ordinarily fall under trademark protection because it has a specific name associated with it.

    But even there, I expect that there is already some danger of trademark dillution in that area, and such protection may be refused on those grounds.

    In reality, IP protection for this should have been applied for before the first episode that utilized it had publicly aired. Copyright, however, would never be applicable, because while it might generally be referred to as the "Carlton Dance", it's technically not really a dance, but simply the execution of a particular gesture.

    • by Anonymous Coward

      On top of that, he waited over twenty years to claim copyright. That's a little too long to wait to claim protection.

      Trademark could work since it can be associated with his personal "brand", and it could be dropped or taken up at any point, no real time limit.

  • trying to copyright the head bob [youtube.com].
  • Everything must be owned, and nothing can be spoken, sung, screamed or uttered without payment being made.

    Like that dipshit Anish Kapoor who wants everyone in the world to pay him for trying to take a picture of his misshapen blob of art in Chicago.

    Look up "vanta black" to see what a shitbag he is.

  • by wolfheart111 ( 2496796 ) on Friday February 15, 2019 @10:15PM (#58129874)
    Carlton was imitating the dance from footloose... so this makes no sense.
  • by Anonymous Coward

    Make yourself comfortable..

  • Or whoever created the Fresh Prince show? Not Ribiero?

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