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

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.

33 of 61 comments (clear)

  1. I can see by mandark1967 · · Score: 4, Funny

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

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  2. Re:Simple move Carlton by jellomizer · · Score: 1

    Being that it is suppose to be a parody of white men dancing, that would probably get really muddy.

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    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  3. Re:Simple move Carlton by Anonymous Coward · · Score: 1

    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.

  4. Re:Simple move Carlton by DontBeAMoran · · Score: 1

    Wait a minute... we can dance?

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  5. Moves and Routines by Anonymous Coward · · 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.

    1. Re:Moves and Routines by Anonymous Coward · · Score: 1

      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.

    2. Re:Moves and Routines by Comrade+Ogilvy · · Score: 1

      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.

    3. Re:Moves and Routines by lmnfrs · · Score: 1

      Dance *moves* cannot be copyrighted.

      But, if a device is invented for a move it can be patented.

    4. Re:Moves and Routines by AHuxley · · Score: 1

      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?

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    5. Re:Moves and Routines by neoRUR · · Score: 1

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

  6. Re: Simple move Carlton by Anonymous Coward · · Score: 1

    Depends on your definition of "dance". And your definition of "can". And your interpretation of "we".

  7. Re:Simple move Carlton by PolygamousRanchKid+ · · Score: 4, 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?...

    But after watching that video . . . maybe we should just leave it be.

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  8. Re:Simple move Carlton by Anonymous Coward · · Score: 1

    Wait a minute... we can dance?

    If you want to...

  9. Re:Simple move Carlton by Anonymous Coward · · Score: 1

    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.

  10. Re:Simple move Carlton by pgmrdlm · · Score: 2

    Not according to Genesis we can't. https://www.youtube.com/watch?...

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  11. The name by Topwiz · · Score: 1

    The name of the dance could belong to NBC but not the dance itself.

  12. Issue is by Anonymous Coward · · 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.

    1. Re:Issue is by mark-t · · Score: 1

      True, although it happens to be the case in this instance, that the "Carlton Dance" was Ribeiro's own innovation. All the script mentioned at the point where he first did it was "Carlton dances". Nobody at the time initially expected that it would be anything particularly special or memorable, but its surprising popularity after it was first performed by him on the show led to it being nicknamed the "Carlton Dance" soon after, and it was repeated several times throughout the series. The first time, however, those moves were genuinely the actor's own idea to use in the show. (although he openly admits that he pilfered the idea from how he saw Courtney Cox was dancing in a Bruce Springsteen video).

  13. Let Ribeiro Win by Jaime2 · · Score: 1

    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.

  14. Wrong type of protection by mark-t · · Score: 3, 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.

    1. Re:Wrong type of protection by Anonymous Coward · · Score: 1

      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.

  15. Re:I have copyrighted posting by novakyu · · Score: 1

    Sorry, prior art.

    P.S. Yes, we are mixing different IP domains, but the OP started it.

  16. This would be like Jim Carrey... by nuckfuts · · Score: 1

    trying to copyright the head bob.

  17. Re:Simple move Carlton by Anonymous Coward · · Score: 1

    ...everybody look at your pants

  18. Re: Simple move Carlton by TimMD909 · · Score: 1

    Seems pretty cut and dry, the way you explain it.

  19. Re:Simple move Carlton by LynnwoodRooster · · Score: 1

    Just let it be..

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  20. Re:Simple move Carlton by Anonymous Coward · · Score: 1

    but SAFELY....

  21. Re:Hmm, is this really that interesting?? by Shikaku · · Score: 2

    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.

  22. Everything must be owned by JustAnotherOldGuy · · Score: 1

    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.

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  23. Re:Hmm, is this really that interesting?? by pslytely+psycho · · Score: 1

    Fuck off. Your "opinion" is not more valid than anyone else's here.

    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.

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  24. Its the footloose dance by wolfheart111 · · Score: 2

    Carlton was imitating the dance from footloose... so this makes no sense.

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    [($)]
  25. Welcome to America.. by Anonymous Coward · · Score: 1

    Make yourself comfortable..

  26. Wouldn't it be NBC who owns it? by ayesnymous · · Score: 1

    Or whoever created the Fresh Prince show? Not Ribiero?