Activision drops lawsuit over viral TikTok audio clip (updated)

Activision Blizzard

11/08/2023 17:56

* 
      Activision said Anthony Fantano threatened to sue over
short
video
    

        * 
      Company said threats were part of 'scheme' to exploit his
viral
audio
    

  
 (Adds no-comment from Activision in paragraph 3)
    By Blake Brittain
       Aug 11 (Reuters) - Video-game giant Activision  ATVI.O 
has dropped a two-week-old lawsuit against music critic and
internet personality Anthony Fantano that sought to block him
from claiming that Activision misused a viral audio clip he
created, according to a filing in California federal court.
    Activision told the court on Thursday that it was dismissing
its own case with prejudice, which means it cannot be refiled.
    A spokesperson for Activision declined to comment on the
dismissal on Friday. Representatives for Fantano did not
immediately respond to a request for comment.
    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 - where he exclaims
"it's enough slices!" - went viral in 2021.
    Activision's lawsuit said Fantano made the clip's audio
freely available for other TikTok creators to reuse based on the
social media platform's terms of service. Activision used the
audio in a TikTok video showing a pair of custom sneakers being
made with imagery from its "Crash Bandicoot" video games.
    Fantano allegedly sent Activision a cease-and-desist letter
and demanded a settlement payment in June. Activision's lawsuit
said it later took the video down, but Fantano's attorney still
threatened to sue for violating his publicity rights and falsely
implying he endorsed the company 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. The complaint said Fantano's threats were part of a
"scheme" where he "selectively threatens to sue certain users of
the Slices Audio unless they pay him extortionate amounts of
money."
    Fantano has not responded to Activision's allegations.
    
    The case is Activision Publishing Inc v. Fantano, U.S.
District Court for the Central District of California, No.
2:23-cv-05989.
    For Activision: Marc Mayer of Mitchell Silberberg & Knupp
    For Fantano: attorney information not available
    
    Read more:
    Activision sues music critic to fend off TikTok audio
copying claims