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TikTok user who threatened to sue Activision is sued by Activision

Draugoth

Draugoth

Gold Member
Crash-Bandicoot-4-its-about-time-v-1280x720.jpg


Activision is suing a TikTok user after he threated to sue them for using his content.

According to the company’s lawsuit, TikTok user Anthony Fantano – who goes by the name TheNeedleTok on TikTok – contacted Activision in June, threatening to sue them for using the audio from one of his TikTok videos.

In the video, which is a TikTok ‘duet’ involving another previously uploaded clip by a different user, Fantano watches someone cutting a pizza into progressively smaller slices, which results in him shouting “it’s enough slices”.

The clip became a meme online and has reportedly been remixed and reused numerous times over the past two years, which Activision says was celebrated by Fantano.

However, when Activision then used the “it’s enough slices” audio in its own TikTok video promoting Crash Bandicoot sneakers, Fantano contacted them and threatened to sue.
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Fuz

Fuz

Banned
However, when Activision then used the “it’s enough slices” audio in its wn TikTok video promoting Crash Bandicoot sneakers, Fantano contacted them and threatened to sue.
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I mean, they used commercially something made by him.

You try to put Crash in a T-Shirt and sell it, see what happens.
 
Fuz

Fuz

Banned
YCoCg said:
Nope though it's probably more so because it's "meme" Crash and not any actual Crash Bandicoot art, nor did any of the shirts say Crash Bandicoot anywhere, just Woah, so legally enough to slip through but people knew what it was.
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I dare them to try the same trick with Mario.
 
M

MrA

Banned
TheInfamousKira said:
When people say Capitalism is stupid, a lot of them mean this.

What a dumb thing to demand money over.

What a dumb thing to make money over.

What a dumb thing to waste money to potentially make money over.

What a dumb thing.
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This has nothing to do with capitalism or even money
activision is suing to basically dismiss his case based on tiktok claims to own anything you do on tiktok , which according to tiktoks tos activision seems correct
I didn't see any claims for monetary compensation from activision in the documents
This is more of tiktok is garbage more than anything else
 
F

Filben

Member
Three said:
I don't understand. So what's Activison suing for if the audio is Fantano's?
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The relevant part:
But now, in an apparent effort to even further profit from the Slices Video, Fantano has embarked on 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. 4. Activision is the latest target of Fantano’s scheme. In or around June of 2023, Activision created a short, 19-second TikTok video depicting the creation of custom “Crash Bandicoot” sneakers. In reliance on TikTok’s explicit representation that the Slices Audio was part of its “Commercial Sounds” library— described as “sounds that are licensed for commercial use”—Activision paired that video with the Slices Audio. Notwithstanding that thousands of TikTok videos containing the Slices Audio have been available on TikTok for years without complaint, Fantano suddenly decided that Activision’s video infringed his publicity rights and constituted a false endorsement. Moreover, even though Activision agreed to remove its video from TikTok, Fantano demanded that Activision either immediately pay him substantial monetary damages or be prepared to defend a lawsuit. As a result, Activision had no choice but to seek declaratory relief from this Court.
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Basicly, that TikTok user (I've never heard of before nor of that "meme", btw) made it available for remixing – which Activision thought is equivalent to public property because the platform encourage the remix feature etc. – and then started to defend his "rights" only when big companies are involved which they find is a scheme.

They seek declaratory relief; are you allowed to do that or not.
 
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Nydius

Nydius

Member
I haven't used TikTok in a LONG time but unless their EULA/TOS has changed, I'm pretty sure once you upload audio to them you basically give up most of your rights to it, unless it's officially copyrighted audio/music. Sounds like he's suing the wrong party here. Activision followed the same rules that everyone else does on the platform, it's TikTok that makes anyone's audio available to everyone whether they want it available or not.

As I was typing this F Filben 's post popped up and it makes perfect sense now. Dude is just trying to sue mega corps for a payday. What a pathetic tool. TikTok should just remove him and his Slices Audio from the entire platform. Problem solved and the world will move on.
 
MarkMe2525

MarkMe2525

Member
They are suing for what they claim is extortion by the tiktoker.

"Video for his own benefit, such as by actively encouraging others to use the Slices Audio in their videos, sharing third party videos that used the Slices Audio, and even creating his own YouTube videos boasting about how the Slices Video became an internet “meme.”2 But now, in an apparent effort to even further profit from the Slices Video, Fantano has embarked on 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."
 
Wildebeest

Wildebeest

Member
These days, you have to sell out to advertise a product for a giant corporation against your will, and you don't even get paid for it. "So quirky, such a relatable and approachable social media presence they have! Please do whatever you want with my likeness Evil Corp if it entertains the little (thirty-five-year-old) children!" I'd have zero respect for a micro celebrity who took that approach and didn't ask upfront for a huge payday.
 
JackMcGunns

JackMcGunns

Member
Filben said:
The relevant part:


Basicly, that TikTok user (I've never heard of before nor of that "meme", btw) made it available for remixing – which Activision thought is equivalent to public property because the platform encourage the remix feature etc. – and then started to defend his "rights" only when big companies are involved which they find is a scheme.

They seek declaratory relief; are you allowed to do that or not.
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This is equivalent to making an app like Malwarebytes free for regular users, but if a big company tries to install it on all their machines... they'll run into legal problems.
 
Doczu

Doczu

Member
coffinbirth said:
LOL, what?
Have you ever heard of ETSY?
www.etsy.com

Crash Bandicoot - Etsy

Check out our crash bandicoot selection for the very best in unique or custom, handmade pieces from our figurines shops.
www.etsy.com www.etsy.com
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As Activision i would do anything possible to find the creator and seller of these and beat them into submission not for trying to make some cash, but for trying to sell this stuff.
rourlqL.jpg
 
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MarkMe2525

MarkMe2525

Member
Wildebeest said:
These days, you have to sell out to advertise a product for a giant corporation against your will, and you don't even get paid for it. "So quirky, such a relatable and approachable social media presence they have! Please do whatever you want with my likeness Evil Corp if it entertains the little (thirty-five-year-old) children!" I'd have zero respect for a micro celebrity who took that approach and didn't ask upfront for a huge payday.
Click to expand...
Free gamepass coupons make it worth it though.
 
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