Video game giant Activision is suing a prominent TikTok music critic over a viral audio clip that he created, claiming he is unfairly demanding that some social media users pay him “extortionate” settlements after they re-use the heavily-memed clip.
In a complaint filed Monday in California federal court, Activision accused Anthony Fantano of “misusing” intellectual property laws by threatening to “selectively” sue TikTokers who use “enough slices!” — a popular audio clip that originated with a video Fantano first posted in 2021.
Activision, which says it received such a threat after it used the clip in a promotion for its Crash Bandicoot game franchise, claims that Fantano intentionally made the clip available through TikTok’s audio library — meaning he cannot now sue the hundreds of thousands of users that chose to use it.
“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. “Fantano was very happy to receive the benefit of the public use of the Slices Video. It was only after he identified a financial opportunity — namely, receiving unjustified settlement payments — that he suddenly decided that his consent was limited.”
“The law does not permit, and the court should not countenance, such overt gamesmanship,” Activision’s lawyers wrote.
Fantano, a popular internet creator who reviews music on TikTok, YouTube, Instagram and other platforms, first uploaded the “slices” video in 2021. The clip — showing Fantano getting aggravated as a pizza is cut into increasingly smaller slices before screaming, “It’s enough slices!” — has garnered tens of millions of views. In the two years since, the audio has become internet shorthand for a situation that starts out well but eventually goes too far.
In its lawsuit, Activision says there’s an obvious reason why the clip was used so widely: Fantano “deliberately and knowingly” added the audio to TikTok’s library, making it easily available for millions of other users to incorporate into their own videos. They say he even opted into the “Commercial Sounds” library, which means he agreed his clip could be legally used in promotional videos for brands.
The company says it was surprised, then, when it received a legal threat from Fantano after it used “enough slices” in a TikTok video depicting the creation of custom Crash Bandicoot sneakers. He allegedly told the gaming giant the use of the clip not only used his name-and-likeness rights without permission, but also violated federal trademark laws by suggesting he had endorsed the company’s games.
Activision says it agreed to pull the clip down, but that Fantano demanded the company “either
immediately pay him substantial monetary damages or be prepared to defend a lawsuit.” The exact amount of money demanded was not included in the lawsuit, but Activision says Fantano asked for a “six-figure sum” and said that other companies had “paid a similar sum in order to avoid the expense of litigation.”
Rather than doing so, Activision responded by filing Monday’s lawsuit, which is aimed at proving the company and other TikTok users owe Fantano nothing for the use of his clip.
“With Fantano’s approval and encouragement, hundreds of thousands of TikTok users have incorporated the Slices Audio into their own videos over the past two years,” the company’s lawyers wrote. “But now … 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.”
Activision is seeking a so-called “declaratory” ruling that Fantano cannot sue TikTok users over the clip, as well as an order forcing him to repay the company’s legal bills.
Fantano did not immediately return a request for comment through his website.
