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Video-game maker Activision (ATVI.O) sued internet personality Anthony Fantano in Los Angeles federal court on Monday, seeking a declaration that syncing his viral audio clip to one of its TikTok videos did not violate his publicity rights or imply that he endorsed the company.
Responding to Fantano's alleged threats to sue, Activision said TikTok's terms of service allowed it to use the audio and that a reasonable person would not think that he endorsed Activision or the video.
Activision also said Fantano had created an extortionate "scheme" to profit from the viral audio through threats of litigation.
Representatives for Activision, Fantano and TikTok did not immediately respond to requests for comment on the case on Tuesday.
Fantano is best known as an internet-based music critic through his YouTube page The Needle Drop. A TikTok video of his reaction to a video of a pizza being sliced went viral in 2021.
Activision's complaint said Fantano made the reaction audio available for other TikTok users to reuse and that hundreds of thousands have incorporated it into their own videos. Activision used Fantano's audio in a TikTok video in June showing a pair of custom sneakers being made with imagery from its video game series "Crash Bandicoot."
Fantano allegedly sent Activision a cease-and-desist letter and demanded a settlement payment last month. Activision's lawsuit said the company took the video down earlier this month, but Fantano's attorney threatened to sue shortly after unless it agreed to settle for a "six-figure sum."
According to the lawsuit, Fantano's lawyer said other entities had settled disputes over the audio for similar amounts. Activision said the dispute was a "textbook example of how intellectual property law can be misused by individuals to leverage unfair cash payments from users of social media networks such as TikTok."
The case is Activision Publishing Inc v. Fantano, U.S. District Court for the Central District of California, No. 2:23-cv-05989.
Activision sues music critic to fend off TikTok audio copying claims
Video-game maker Activision sued internet personality Anthony Fantano in Los Angeles federal court on Monday, seeking a declaration that syncing his viral audio clip to one of its TikTok videos did not violate his publicity rights or imply that he endorsed the company.www.reuters.com
Fantano sent Activision a cease and desist over a TikTok and threatened to sue unless Activision paid a settlement, which Activision responded with their own suit