As it turns out, it's pretty difficult to copyright a dance as iconic as 'The Carlton'.
Alfonso Ribiero's attempts to copyright the dance moves he performed on 'Fresh Prince of Bel-Air' have failed. According to a filing made in the lawsuit against Epic Games, the US Copyright Office rejected his claims to the dance he popularised, claiming that "the combination of these three dance steps is a simple routine that is not registrable as a choreographic work."
There's currently a number of lawsuits against 'Fortnite', one of which is by the "Backpack Kid" for taking 'The Floss'.
Ribiero currently has two lawsuits on the go - one against 'Fortnite' and Epic Games, and the other against 'NBA 2K18' and Take-Two Interactive, both of which feature 'The Carlton' as a dance emote for players.
While the court isn't bound by the US Copyright Office's refusal to issue a copyright for The Carlton, it certainly can take it into consideration. Not only that, Take-Two Interactive have now moved to have the case dismissed on these grounds.
Whether or not the case continues forward or not is unclear, but one thing's for sure - you can Carlton your way on TV or movies without having to worry about paying out to Alfonso Ribiero.