Activision Sues Popular TikToker Over "Extorting" Users

Activision Blizzard, the company behind Call of Duty, recently filed a lawsuit in California against YouTuber Anthony Fantano, known for his popular music review channel called "The Needle Drop." The lawsuit accuses Fantano of misusing intellectual property law and capitalizing on a widely-used TikTok voice clip he created for financial gain. The dispute centers around a TikTok video from 2021 where Fantano reacts to a pizza being cut into increasingly smaller slices, exclaiming "it's enough slices!" The video went viral, leading to numerous copies and parodies.

Activision Blizzard later used a version of the meme in a TikTok promoting Crash Bandicoot shoes, which Fantano found objectionable, alleging a "false endorsement" of the product without his consent. He sent a cease-and-desist letter to Activision Blizzard on June 27, demanding they stop using the audio and pay him a substantial settlement amount. If they refused, he threatened litigation. However, Activision's lawsuit claims that Fantano himself added the clip to TikTok's "Commercial Sounds" library, which allows for commercial use in advertisements.

The company argues that Fantano is attempting to exploit intellectual property law for his financial benefit, selectively targeting certain users of the voice clip and demanding excessive payments. Activision's lawyers assert that Fantano willingly embraced the clip's public use until he saw an opportunity for monetary gain, at which point he changed his stance. They seek reimbursement of legal expenses and a declaration that Fantano cannot sue TikTok users for using the voice clip.

Richard Hoeg, a lawyer specializing in digital and video game law, commented on the case, stating that based on what is known so far, Activision appears to have a reasonable case. He highlights that TikTok's audio library seemingly allows for general commercial use, limiting the rights of those who upload content to challenge its use. However, there may be undisclosed details about unauthorized involvement or automation that could impact the situation.

In essence, the lawsuit revolves around Activision Blizzard's claim that Fantano is exploiting the legal system to profit from the viral voice clip and demanding payments from users who utilize it, despite having made it available in TikTok's commercial library initially.