IP
Activision Blizzard vs. TikTok’s ‘The Needle Drop’: The Pizza Slice Showdown
In a recent turn of events, Activision Blizzard, a leading video game publisher, has approached the Los Angeles Federal Court seeking a declaratory judgment against TikTok creator and music critic, Anthony ‘The Needle Drop’ Fantano. The dispute arose when Activision used an audio clip from Fantano’s viral TikTok video in their promotional material for the Crash Bandicoot franchise. Fantano, in response, alleged that the publisher had used the clip without his consent, implying a false endorsement on his part.
The audio clip in question, uploaded by Fantano in April 2021, captures his humorous reaction to a pizza being sliced excessively, culminating in the exclamation, “It’s enough slices!” Activision Blizzard incorporated this soundbite into their promotional content in June 2023. Following this, Fantano issued a cease-and-desist letter to the publisher.
Activision Blizzard’s defense rests on the premise that Fantano had made the clip available in TikTok’s commercial sounds library. This, according to the publisher, grants brands the legal right to use such clips for promotional purposes without the original creator’s explicit consent. Despite this stance, Activision Blizzard opted to take down the video after Fantano’s legal threat.
However, the removal of the video did not appease Fantano. He asserted that he was entitled to significant damages due to the unauthorized use of his clip and was willing to settle the matter for a six-figure sum. Activision Blizzard’s legal move was driven by their belief that this case exemplified the misuse of intellectual property laws, where individuals exploit these laws to extract unwarranted financial gains from social media platform users.
In a surprising development, Activision Blizzard has decided to withdraw its legal complaint against Fantano. Documents filed on August 10, as reported by Axios, confirm that the publisher has chosen to dismiss the entire action, including all claims associated with it, “with prejudice.”
As of now, Activision Blizzard has refrained from commenting further on the matter to Axios.
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