- Video-game developer Activision has filed a lawsuit against Anthony Fantano, a music critic known for creating a popular TikTok meme.
- In the lawsuit, Activision claims that Fantano demanded over $100,000 for the use of his sound.
- However, Activision also alleges that Fantano gave up the rights to the sound, which has gone viral on TikTok.
Activision has filed a lawsuit against a prominent TikToker, accusing him of demanding at least $100,000 for the use of a viral clip of his voice in a promotional video.
This case raises questions about TikTok’s sharing model and whether creators can demand compensation for memes they are involved in, even in a platform that relies on mass sharing.
The lawsuit revolves around a 19-second clip that went viral, featuring Anthony Fantano expressing increasing frustration as someone cuts up a pizza into smaller and smaller slices.
Towards the end of the clip, he exclaims “it’s enough slices!” This moment has become a popular shorthand for narrating exaggerated situations. You can find the original clip here.
TikTok states that more than 50,000 videos have been created using this sound.
According to the lawsuit filed by Activision in a California federal court, the company used the clip to promote its Crash Bandicoot game franchise.
However, Fantano sent a legal letter demanding payment, despite his voice clip being part of a library of content offered by TikTok for free use.
Although Fantano did not actually sue Activision, the company decided to take him to court in response to his demands. In the complaint, Activision seeks a declaration that it has not violated any laws, as detailed in the Insider article.
Activision claims that it found the clip in TikTok’s Commercial Sounds library, which means it was available for commercial use without payment.
According to the lawsuit, by uploading the audio to TikTok’s library, Fantano relinquished his ownership rights. TikTok’s terms of service state that users “waive any rights” to their content being used for marketing when they upload it.
Activision alleges that Fantano deliberately ignored this in an attempt to profit. The company refers to his actions as “a scheme whereby he selectively threatens to sue certain users of the Slices Audio unless they pay him extortionate amounts of money for their alleged use.”
(The lawsuit does not provide specific examples of instances where Fantano allegedly did this, only the mentioned video.)
Activision removed the video from TikTok in an attempt to resolve the issue, but Fantano still demanded payment and threatened a lawsuit, according to the lawsuit.
Thus, Activision was left with no choice but to seek legal relief from the court.
Activision argues in the lawsuit that Fantano should not be able to profit from the audio clip because it has become detached from him and has taken on a life of its own.
The company states that Fantano cannot claim that Activision’s use of the clip implies his endorsement or any business relationship with the company.
Activision views this case as a “textbook example” of how individuals misuse intellectual property laws to extort unfair cash payments. The company suggests that Fantano had the option to make the audio unavailable for public use, but he chose not to.
The outcome of this case could establish a precedent for companies regarding the remixing of viral clips for promotional purposes. A win for Activision could give companies more confidence in utilizing viral clips, while a loss could discourage remixing on TikTok due to fear of lawsuits and potentially offer unexpected financial gains for some creators.
Fantano has not yet responded to the lawsuit. Insider has reached out to him for comment.
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