Activision sues popular YouTube music critic after he tried charging for TikTok clip:
, leading Activision Blizzard to create their own rendition of the meme in a now-deleted June 2023 TikTok promoting someshoes. Apparently, Fantano wasn’t about it, alleging it created a “false endorsement” of the product without him actually being associated with it. He sent the company a cease-and-desist letter on June 27 demanding that Activision Blizzard stopped using the audio and made a six-figure settlement payment to him. If the company didn’t pay up, he would “initiate litigation.
Activision is effectively arguing that Fantano is trying to game the law for his own gain, with the company’s lawyers writing, “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.”“This dispute is a textbook example of how intellectual property law can be misused by individuals to leverage unfair cash payments,” Activision’s lawyers wrote.
The company is seeking reimbursement of its legal expenses and a ruling declaring that Fantano cannot sue TikTok users for using the voice clip.in an email that while he hasn’t seen all of the materials in the lawsuit, based on what he knows this far, the company has a decent case here. “As described by Activision , it would seem they have a good case,” Hoeg said. “The TikTok audio library appears to allow for general commercial use on TikTok, so anyone placing content in the library should be limited in their rights to challenge. That said, there still could be facts we don’t know like whether an unauthorized third party actually effected the sound’s inclusion or even whether it might have been automated.
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