Activision Drops Lawsuit Against Music Critic Over Viral Audio Clip on TikTok

Quincy Jon, Tech Times 11 August 2023, 03:08 pm

Activision, a major publisher of video games, has dropped the lawsuit it had brought against Anthony Fantano, a music critic and prominent online figure. The two-week-old complaint sought to stop Fantano from arguing that Activision had improperly utilized a popular audio sample he produced.

Activision notified the court on Thursday that it was dropping its action with prejudice, which means the case cannot be re-filed, according to a document submitted to the California federal court, as reported by Reuter.

Activision refused to comment, and Fantano's representatives have not yet commented on the matter.

Anthony Fantano is well-known for his online music criticism because of his The Needle Drop YouTube channel. In a TikTok video from 2021 showing his outburst when a pizza was cut into slices, Fantano can be heard saying, "It's enough slices!"

Fantano's Alleged Violation

According to Activision's complaint, Fantano violated the TikTok platform's terms of service when he made the audio from the popular video accessible for reuse by other TikTok artists. Activision used the music in a TikTok video featuring bespoke shoes made using graphics from their "Crash Bandicoot" video games.

Fantano reportedly issued Activision a cease-and-desist letter and requested a settlement payment in reaction to using the audio sample in June. Even after Activision removed the video, Fantano's lawyer continued to threaten legal action, claiming that his publicity rights had been violated and that it could have implied a fake endorsement. The lawyer asked for a "six-figure sum" in a settlement.

In his complaint against Activision, Fantano stated he was accused of using threats of legal action as part of a "scheme" to coerce users of the audio clip into paying him a sizable sum of money, per Billboard.

The complaint also emphasized that Anthony Fantano had purposefully submitted the audio clip to TikTok's repertoire so that other users might access it. Nevertheless, he threatened legal action against Activision for using the audio in a TikTok video showing the manufacturing of personalized shoes.

Microsoft-Activision Merger Update

The case has been dropped amid Microsoft's recently authorized purchase of Activision. However, regulators in Australia and the United Kingdom must still approve the merger.

The New Zealand Commerce Commission came to the conclusion that Microsoft's purchase of Activision would not have a detrimental effect on the console or cloud gaming services competition, as per an NME article. Popular video games like Call of Duty, Overwatch 2, and World of Warcraft would not significantly affect customers' purchasing decisions.