Since Fortnite has such a common success, many have been trying to get on the winner's "wagon." Epic Games had to face a sequence of legal actions concerning Fortnite characters, which in some instances would have been too comparable to current characters in others dancing as performers and other iconic figures of the past. Fortnite ballets have now become a custom phenomenon imitated by both the youngest and the soccer world champions.
There has been a lot of debate recently about the possible breach of copyright by Fortnite ballets: in brief, is it legal to imitate attitudes popularized by previous performers and singers? Unfortunately, there do not seem to be many legal ways for the original authors of these ballets simply because their movements can not be protected by copyright.
The last thorny situation facing Epic Games was the one that saw Alfonso Ribeiro, Willy the Prince of Bel-Air's renowned actor, where he played Carlton's unforgettable personality. After a long legal dispute, Ribeiro decided to give up: in fact, according to the U.S. Copyright Office, a simple dance like the Carlton's Dance danced by Ribeiro can not be registered in the sit-com.
The appropriation of dance movements and their conversion into popular "memes" could attract two kinds of legal claims: infringement of copyright and unlawful use of the picture of a famous character. None of the individuals who submitted any legal action have genuinely asked and obtained copyright for their intellectual property, according to the protection of Epic Games.
TNW spoke with legal assistant Carla Navarro, founder of Legal Form Solution, who replied: "Can a single, repetitive dance move be considered intellectual property? The answer is no. Copyright law states that any protected work must be an original creation maintained in a tangible form. A dance step can not fall into this category." The Copyright Act in section 102(a)(4) describes that "Choreography must be preserved in a tangible form. Therefore, a difference is drawn from the context between full choreography and dance step.
There have been very popular uses in commercial works of dance movements in the past. The most popular dance step in history, such as the moonwalk by Michael Jackson, was already featured in Cab Calloway's 1932 video. Also, other celebrities like Judy Garland and Johnny Carson danced like Michael Jackson long before the singer became popular.
"The Copyright Office refused to register," said Eric Goldman, professor of law at the University Law School of Santa Clara, specializing in advertising and intellectual property law, to TNW reporters, still referring to the dance step in Willy the Prince of Bel-Air. "He will have to discover a way to convince the magistrates without the advantage of registering, which would likely mark the Copyright Office's entry into the proceedings.
For Fortnite material, Ribeiro was not the only one to mention Epic. It was also done by Leo Pellegrino, among others, who felt his iconic style cheated when playing the saxophone. However, Pellegrino did not continue with regard to the breach of copyright because, like Ribeiro, he does not have the copyright on his manner of playing the saxophone, but instead proceeds for the unlawful use of his private picture.
They are common in instances such as these video games: some will remember, for instance, Lindsay Lohan litigation against Grand Theft Auto V These renowned (or assumed) celebrities are trying to ride the wave of achievement of the most popular entertainment products at the time by trivializing a little.
"This situation is unlikely to succeed," Goldman said to TNW. "It does not say an infringement of copyright, but rather relates to advertising rights and trademark law. There is no law protecting a' style,' particularly not in the conditions claimed by Pellegrino. Pellegrino will be fortunate if he does not have to sign a check to cover the legal costs of Epic."
"In the past, you've developed content and attempted to make cash by selling it. Today, you're creating content and finding creative methods to make cash," says TNW, quoting Jonathan Band, professor of law at Georgetown University.