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.
[...] 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.
I can see (Score:5, Funny)
Take Two's attorneys doing the Carlton Dance as they head into court to get the lawsuit dismissed with prejudice...
Re: (Score:2)
Being that it is suppose to be a parody of white men dancing, that would probably get really muddy.
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Wait a minute... we can dance?
Re: Simple move Carlton (Score:1)
Depends on your definition of "dance". And your definition of "can". And your interpretation of "we".
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Re:Simple move Carlton (Score:5, Informative)
Wait a minute... we can dance?
Well . . .
Ah we can dance if we want to, we can leave your friends behind
Cause your friends don't dance and if they don't dance
Well they're are no friends of mine I say, we can go where we want to, a place where they will never find
And we can act like we come from out of this world
Leave the real one far behind,
And we can dance
Etc: https://www.youtube.com/watch?... [youtube.com]
But after watching that video . . . maybe we should just leave it be.
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...everybody look at your pants
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but SAFELY....
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Wait a minute... we can dance?
If you want to...
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Not to mention that he admitted in multiple interviews that he stole the dance from the 'Dancing in the Dark' music video. So, even if it WERE copyrightable, he wouldn't be able to do so.
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Not to mention that he admitted in multiple interviews that he stole the dance from the 'Dancing in the Dark' music video. So, even if it WERE copyrightable, he wouldn't be able to do so.
He is an actor who was hired to play a character on a TV show. Even if his so-called "dance" is copyrightable, the copyright would belong to NBC who owns the TV show where it was first performed. Of all the stupid, bullshit copyright lawsuits, this is one of the stupidest.
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Sorry, prior art.
P.S. Yes, we are mixing different IP domains, but the OP started it.
Moves and Routines (Score:1)
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.
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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.
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Yes and all music is just 7 notes. So a song is..those notes in different variations. but you cant copyright the notes.
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Dance *moves* cannot be copyrighted.
But, if a device is invented for a move it can be patented [google.com].
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How new does the music have to be?
New dance, old music?
New music and a new dance?
The name (Score:2)
The name of the dance could belong to NBC but not the dance itself.
Issue is (Score:1)
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.
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Let Ribeiro Win (Score:2)
Wrong type of protection (Score:4, Informative)
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.
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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.
This would be like Jim Carrey... (Score:2)
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The issue came up because a video game (a thing for nerds) sold a dance routine as part of the game. The game is free to play, and that game is Fortnite but the dance is being sold.
There's some interesting law discussion with law nerds here too. In other words, the only thing that needs to not exist is your ad hominem.
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The fact that you seem to unable to discuss your "opinion" is a reasonable manner simply exposes you as the fraudulent troll that you are.
As to the history of Slashdot, we have long had articles about politics, history, science, society and such since the beginning.
So you are a liar and a fraud.
Now begone, we are done with you.
Everything must be owned (Score:2)
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.
Its the footloose dance (Score:3)
Welcome to America.. (Score:1)
Make yourself comfortable..
Wouldn't it be NBC who owns it? (Score:2)