I like how Fantano decided that picking a fight with a multi-billion dollar game development studio with a bottomless pit of money to throw at a lawsuit was a GREAT idea.
It’s also a bottomless pit of money to throw at a settlement… the side people always forget. I haven’t finished the video so I’m not going to side against Fantano like everyone apparently has, just saying, I’m sure Fantano’s network have a decently large law firm on retainer that decided to take this on, on its merits. It’s not like Fantano just saw the ad and got mad and decided to sue, someone on his end brought it to his attention with the purpose of asking him to sue, that’s how these things go 99% of the time
goood for ACTIVISION . sometimes these influencers think that just because they have small following of people they can get away with anything. i bet he will try to defame activision and ask his 9 year old fans to post troll comments on activision social media once he loses the cases. (of course he will not deliberately tell his fans to do that because he knows his ass will be in jail but he will definitely try to isuniate hate towards acitvision and it only take small hint for his 9 year old fans to wreck havoc on social media thats how it works nowadays . you dont even have you command your dumb followers . just say that big corporation bad im good and his unga bunga fans are ready to go)
@@bendover-bz4bc You have no idea who Anthony Fantano is, do you? Small following? Try... millions. He is a music critic/reviewer that's been around for years. Pretty sure he has almost no child following either. He's a piece of shit, yes, but to discredit Anthony as some typical run of the mill Tiktok influencer is just disingenuous and makes me think you are just an Activision fanboy, which, btw, none of us here are, so you are not gonna get a lot of support either way. Is Activision right in this instance? Yes, they are, but that doesn't mean we like Activision.
bro what? how did they spin the case? public opinion wouldve always been on their side because the original tiktok sound has 55k videos under it how come he didnt go sue all those people?
This is only a "confusing case" because people are so biased against Activision like this. Look, I fucking hate Activision, but people are trying their damn hardest to somehow make Activision wrong in a situation where Fantano is clearly being the piece of shit, even if that harms other small creators in the process.
@@Brianna_Q how is that any good for anyone? It literally affects everyone else badly don't pray on someone's downfall because you hate them when it affects others at least that's not how it works
TikTok policy works like this: Business accounts (these are accounts registered to businesses) aren’t legally allowed to use anything outside of the CML (commercial music library) even on organic posts. If they want to use non-CML sounds, they have to show that they acquired the rights to use that sound. TikTok’s standard sound library licensing agreement only protects non-business accounts. Activision is claiming that they got the sound from the CML, I can assure you, the CML is highly curated and would never have Fantanos audio recording within it. TikTok policy is written that way for exactly that reason. They’re confusing the standard TikTok audio library (non-business use only) with the CML (free for business use).
@@Junya01 otherwise Walmart could use a Taylor Swift song to promote Walmart products for free on TikTok, skirting the licensing agreements they’d have to go through ordinarily. It’s why TikTok makes the distinction between standard users and business accounts, TH-cam does something similar where standard users you can upload copyrighted music, but you can’t monetize it.
Wouldn't it be literally the easiest thing on the planet for Fantano to simply prove the sound is not on the CML if that were the case? I don't think "the lawyers of this giant corporation are all basing their defense on the idea that nobody will bother checking this publicly available resource" is a particularly likely scenario here.
Even if Anthony could establish he didn’t put his meme into the library Activision can clearly show that they used it fairly since they had no way of knowing that was the case and furthermore they acted in good faith by immediately stop using it once he contacted them about his objection. Anthony isn’t going to get a dime.
Innocent infringement still has a minimum penalty of 200$. so if it ends up a non fair use infringement case where willfull infringment cant be proven, he could still see some money
@21warmasters lol. 200 bucks? Thats nice. Lets make some math on the profits +Profit from the lawsuit = $200 -Lawyer fees = $100,000 Damn. Anthony sure showed everyone
@@21warmastersyour mind is incredibly diluted, please just think about what you said, 200 dollars isnt even crumbs for 90% of Americans, ESPECIALLY in today's age. Your observation was pointless and shows your ignorance when it comes to living in the real world
He isn't right, there's thousands if not tens of thousands of companies that do the exact same thing every day, him being the first one to be a giant crybaby about it doesn't lend much credit I'm afraid
Details aside, sending a C&D to a multi-billion dollar corporation is pretty foolish. They will always find a way to make the lawsuit more costly than it’s worth
The cease and desist alone was fair. Fantano didn't want his likeness associated with Activision. Activision complied (surprisingly) and took it down. Fantano took it too far by demanding compensation after it was taken down, though. That was just incredibly dumb. Someone else in the comments said Fantano pulled an Icarus, I completely agree.
This is actually settled case law. Once you create content it becomes your IP, however once you put it into a royalty free library you surrender rights to control of said IP. The case this is based on is from a woman who posted an image to a royalty free library, however she later found a stock photo company selling her IP, she took legal action, and the court ruled in favor of the defendant stating that the creator surrenders rights to control their IP upon posting it to a royalty free library.
Honestly, Anthony should've stopped after they had already ceased - they stepped on his toes and they practically apologized. Now Anthony decided to take things too far by trying to shake their pockets.
they already made god knows how much money from their ad before being taken down. I see copyright on TH-cam being abused by companies, I don't want them to limit compensation for the people on tiktok they use, while the people get eff all.
@@lachicoblanco He uploaded it to a public library and surrendered his rights to it. His fault. He doesn't deserve compensation. If he did receive compensation from Activision, that means he could get money from EVERY SINGLE PERSON that used his sound clip on Tik Tok. Copyright is also abused on TH-cam by individuals doing the same thing Activision is going against.
Yeah this public library bs is just annoying. The reason that Anthony can’t just sue everyone using his sound is because Activision used it for an ad. Let’s say for example that Twitch wanted to create an ad using creator clips, they would need to ask permission first. EVEN THOUGH they’re literally clips from Twitch, DOES NOT MEAN THEY CAN USE THEM FOR ADS.
Getting Activision to comply in the first place and take the og ad down was a feat in and of itself, I don't know why he felt the need to press his luck like that..
@jeltje50 That's not a cease and desist. That would imply Fantano knew the commercial using his bit was being created, and he probably didn't. This is a copyright claim, where the claimant can request the person who maybe in violation to take down the work. It must stay down until a counter notification is filed or is taken to court and ruled that the property is fair use. Fantano most likely doesn't have a case since it's fair use.
I know its a small pleasure, but I always love it when a guy in the Twitch chat gets Charlie to look up a news article and it leads to a full face to cam video
@@PlanOfActionz Charlie doesn't make money from these videos. Last I checked he donates his ad revenue on youtube to charities. He only makes money from twitch
the thing i've heard that makes the most sense is that if someone else, either accidentally or intentionally, uploaded it to the commercial sound library, they should be held liable. if it was accidental, i think tiktok could be held liable too for letting something like that happen so easily.
Activision is inadvertently doing a good thing by serving its best interest. It's like Godzilla destroying a city but the city is actually a cartel compound.
I honestly feel like there is a pretty big difference between small creators making videos with tik tok sounds and direct advertisements. Especially when it uses someone's face or voice.
Why call it greedy? A huge company used his work, and he wants to be paid for it, that’s 100% reasonable, he’s not suing normal people for it, it’s billion dollars companies
Wait these last two comments, how can you side with him? Did you not watch the video at all? You can't pick and choose. He gave up his exclusive rights for protection by putting this video up. That means any one can use it regardless. I'm pretty anti corp and I'm siding with Activision here because they're right this time. He got greedy and now must pay the price.
@@devizesolstice4617 I feel like, when it comes to a legal view, Fantano is 100% wrong and screwed, even in an ideal world, you wouldn't go about it the way he did. But morally speaking, I don't see why not? I think if I want to say "Individuals can use my music for free, corporations and ultra rich people can't because they obviously have the money lol", I think that would seem fair to most people intuitively, I feel like that should be allowed. It sort of is, that's WinRAR's entire business model. So as long as people concede that in the real world, Fantano isn't getting anywhere and was stupid to put his stuff in the CM Library if this is how he really feels, I think it's fair for people to have the view that morally Activision owes him because he says so, it is his work.
@@anthbills307saying I'm ok with meme or TikTok videos of me isn't the same as saying im ok with my likeness or anything I created being used in an ad these 2 things aren't comparable
Dude doesn’t have much of a case, but I do find it hilarious a company like Activision preaching about fair use when they’ve fraudulently copyright claimed hundreds of videos for reviewing their games negatively.
I find it more hilarious that some content creators/influencers like to pretend that they are against fair use misuse, but when the first opportunity arrives, they instantly do the same thing...
notice how when companies sue people they use "legal action", but when it gets turned around on them its "legal THREAT". and for those that want to get stuck on the exact wording, for this specific example "threat" is used in its standard connotation. meaning to try to damage the company in some way. where most companies use "threat" (in terms of legal action) as a synonym of warning or notice.
I dunno, it makes things clear. A legal threat is a threat, they MIGHT do something. A legal action is an action, they WILL do something. It's the difference between "Apologize or I might have to break you" and "Too late for apologies, I MUST break you".
It bugs me that people are genuinely not in the know on how copyright law works. It’s there for a reason. People aren’t better than the law just because they’re famous.
@@WompaStompaCynnothing to do with fame and entirely with money, don’t let yourself think its famous people that get away with everything its rich people, its just a lot of famous people are rich.
11 หลายเดือนก่อน +4
As someone who has brown eyes, i hate having brown eyes. They aren't even good looking. My parents said if i get 2k followers they'll get me an eye color surgery 🥺🙏
Charlie learn how Tik Tok works and then make a video on this. I was fine with your stream clip about this because it was an on the moment reaction but this video is just incorrect.
I was under the impression that Anthony himself didn't create the meme, but someone actually clipped it and turned it into one and it went viral. So I don't don't think he entered it into the commercial sounds library, but this will be super interesting to follow
@@itsjohnnyr8560 I don't think I have seen an album review of Fantano in years. I'm fine with most reviews I remember. I do not like his character though.
The commercial sound library on Tiktok is different to their standard sound library. It’s a more limited selection of sounds for business and brands that can be used commercially and doesn’t include most popular songs
While this makes sense. The dude has a lot of subs. He's been around a long time and I'm willing to bet has made a damn good living being a YT'er. I don't think this is a cash grab for that reason and the fact that well, he just doesn't seem like that kind of guy (though I could be totally wrong on that second one, not like I know him personally).
@@JayBigDadyCy Why does him being around for a while and you not knowing who he is make you think it's not a cash grab? The fact that he has multiple out of court settlements for similar things against large companies definitely raises my eyebrow while your reasonings simply makes me roll my eyes.
@@JayBigDadyCyyeah this is absolutely a message he is trying to send. Like whatever lil money activision may have neen willing to throw his way is irrelevant to him.
That's covered in the video. Watch it fully then edit your comment. It also doesn't change anything cause Activision had no way of knowing Fantano didn't upload it and they still complied when sent the Cease & Desist. Activision sucks. But a part of being a reasonable person means you can agree with people you don't like
It's fairly concerning that now the way a lot of people consume the news is via someone learning about the topic in real time while reading a single article.
Since people seem to be confused: Fantano did not file any lawsuit against Activision. He merely threatened to do so. Activision sued Fantano for declaratory relief (to get a declaration from the court saying they didn't do anything wrong.) Not sure where people are getting that idea from, but there you have it.
@@luiscastilloful In general, the purpose of seeking declaratory relief is to protect against extortion. Suppose there's a 10% chance part of a game would be found to be infringing, and a company is about to spend $50,000 pressing CDs, but replacing that part would cost $6000. A statistically fair license fee would be $600 paying it would avoid a one in ten chance of having to spend $6000). If a company couldn't get a definitive ruling on the infringement without pressing the CDs, but as soon as the CDs were pressed the holder demanded $4000 for the license, that would be a better deal for the company than having to take a 10% chance of losing $50,000, but a far worse deal than what the company should have to pay. A declaratory judgment would shift the scales so that if court finds that the work would be infringing, the company can switch to using the alternative (or license the work for slightly less than the cost of switching) before committing to pressing the CDs. If the potential copyright claimant were to offer to settle for $600, that scenario would be better for both the company and copyright holder than pursuing the judgment, but the declaratory judgment would prevent the claimant from holding the $50,000 CD pressing costs hostage.
I don't respect Activision as a company but they've got a point on this one. Anthony got way too greedy. He was lucky to even get the Crash Bandicoot video using his meme clip taken down in the first place. I wouldn't be surprised if he dropped the lawsuit before it could go to trial. If not, he'd likely lose and his reputation would be shot!
It's pretty ballsy to try and hold a corporation to ransom. It's one thing to demand they stop using it, which they did. It's quite another to then demand money from them.
Well what do you think people do when they don't receive what they think they deserve? Not sue? lol. Not getting money is the reason for 95% of people suing other people/companies.
@@pinkanimositygaming No it's standard discussions before a lawsuit. Most lawsuits are resolved like this before taking it to a judge and essentially all before taking it to trial. $100k is cheap compared to going to trial.
@@volundrfrey896 my main point was about the wording. I pursued contract law in college. When an ultimatum is issued, the wording needs to be taken into account. If it’s worded in that blunt of terms, a judge or a jury might interpret that as a hostile money grab. They could interpret the ultimatum to be made in bad faith depending on if the wording seems hostile.
Anthony shoulda just accepted that they took down the post out of respect when they didn’t have to. Instead he crossed the line and threatened legal action. He better pray that they accept a settlement.
It's kind of an interesting area because wouldn't other companies be required to pay to use other peoples content? Like call him greedy but what he is doing seems pretty standard.
@@Lastofthefreenamesmorally i don't think people are saying fantano is in the wrong, but the fact is that if his actions are accepted and normalized it will negatively affect a lot of other people due to the precedent. he's also just legally wrong besides that
@@ladyinwightNot necessarily. Fantano winning is only bad if he argues from his ownership of the meme. If he argues that the ad using him is misleading and wins that's pretty much objectively a good thing. What's bad for corporations is typically good for humans.
If Activision wins, and if it’s true that Fantano got other companies to pay him those “similar 6 figure amounts”, would they be able to come back and countersue?
Probably not, settlements are supposed to *settle* the case, no matter what happens in the future. They would likely have to prove outright fraud to get the money back.
idk im not a lawyer. What? You think anybody in this comment section is gonna start pulling up website links to cases or laws created from... Name a year in 1900s. Like shit, I can just say yes with no evidence to support my claim or I can say no with no evidence to support my claim. I didn't pass the bar, I didn't go to law school. Not only that but I highly doubt there are any lawyers here. Now of course this isn't me saying that there is a 100% guarantee theirs not an individual with sufficient knowledge in the law because there might be.
Even if Fantano can prove he didn’t put the clip in the commercial library Activision has plausible deniability and their initial comply of the C&D as means to dismiss any further action. Overall it’s a power move for everyone, they get to know if he uploaded it or not and they also get to use that as their plausible deniability. Fantano can’t even win anything monetary in court as he has no registration number for enough slices. He’d win an injunction preventing further use at most.
If he didn’t upload it then activision can fall back on the fact that the sound has been used millions of times and he only takes issue with it being uploaded now. They would still have to take down the clip but there is no avenue for financial gain for Fantano that I could see.
@@Seven-tk7spthat’s not the defense. The defense is that to keep certain rights you have to defend them and you can’t be choosy about whom you defend them from. I’m not a lawyer and even I have read about this numerous times lol it’s nothing unusual. People with no idea of how things work and whom have read nothing about it : “that couldn’t ever work that way!” 😂😂 The people who know the least will always talk first and loudly lol
@@mrjjman2010 "The people who know the least will always talk first and loudly lol" Not quite looking in the mirror there are we bud? When it comes to advertising, a company would need explicit permission to use the likeness of an individual or organization, either visual or audio, regardless of the origin of said likeness. The defense of certain rights that you mention is only applicable in copyrights, of upholding and defending copyrights via suits or DMCA in most cases. This does not fall under copyright defense as you claim as one: Fantano most likely does not have a copyright on the "that's enough slices" clip, i believe that is partially taken by TikTok actually under their terms, two: there is a vast difference between what could fall under fair use or be argued as "defamatory" ie what Activision is counter suing here, and three: Activision used the clip in a advertisement sense, which allows for a lot more broadness in protections of individuals when it comes to their individual rights.
@@sodanakinYou clearly don't know Fantano as tik tok is just a small thing he started doing besides his youtube channel. Definitely not a "tik tok brain rot user"
The only way I see Anthony winning is if, in a plot-twisted manner, Activision was the one who uploaded the copyrighted tik-tok audio to the open source license wiithout his permission so they could use it and have a defensive barrier of “oh, we didn’t know it was uploaded there by someone else.” lol that would be absolutely craaazy tho!!
You can’t upload stuff to the commercial content library, look it up, it’s not possible. Anything that doesn’t get detected by TikTok’s copyright filter is allowed to be used by business accounts. But the damage was done, his likeness has value and he need to give permission for them to use it.
@@AhhhAh-qv6rc"All Commercial Sounds in the CML are pre-cleared for commercial use on the TikTok platform" The only way a sound bite could be pre-cleared for commercial use is if the creator had specifically entered into a licensing agreement with Tiktok that would allow Tiktok to sublicense any other user. It's pretty difficult to do that on accident.
Honestly, if Anthony is caught up and somehow admits to knowingly put it into the "Commercial Sounds", he loses. The only way I can really see him winning this dispute is if someone else stole his audio and published it there without him knowing, which can raise the question "Why didn't they get sued?". People can argue that Activation used it for "promotional purposes", but that is immediately discarded since it's apparently in the "Commercial Sounds"
Think for a second; if Fantano agreed - why would Activision take the video down and not contest it at that point? Why wait for a countersuit in which they've already admitted fault?
@@kaingates It's common for people to take down content that uses content from other creators even if it's fair use if the other creator asks. Nothing new or damning there.
@@karthis5911 What people are missing here is Fanto IS his brand and you can have Business Branded Accounts.(googled) My guess is he upload that using a Business Brand Account which doesn't seem to have the same Term of serve that's probably why he was able to get those amounts from other companies. Activision either knew of little of him or did and just didn't want to fit a collab bill and just decided to steal the meme for the ad cause they knew it'd get taken down LATER after hour or days and by then the ad time is over since they probably paid for it to be pushed up and all that on the frontend (as many eyes on it at launch) would be over by the time it would be taken down at backend (when that money to upsell the ad timeframe ends). Plus why didn't Activision Connect with Fanto he's a big enough creator NOT to try to get into connect first or at least you'd think NOPE, They just sent the ad and now making like He's the bad guy, yet if your seeing him on Twitter or YT or FB or TicToc those are ALL definitely Business Brands, nothing personal, so when he twits or threads or post on YT or TicToc THEY ARE ALL business brands accounts. So if he uploaded the meme from his Business Brand Account I doubt they same term of service apply especially when sharing. Otherwise why would Celebrities or Musician use TicToc if they themselves or anyone else puts them in the music library well now your likenss and vioce could then be claimed fair use and/or obliviousness to use for a time being. So every celebrity and musicians' voice and likeness as well are fair game when? Well I bet TicToc thought of that with branded business accounts that way those types of people or companies don't have to have their voices sampled or likeness used in commercial ways they wouldn't want or shared without their approval.
I wonder if activison used the ad on a different platform. If they did it’s possible that he has a claim to damages for nontiktok ads since he (allegedly) only agreed to have his sound bite used on TikTok
Yea he’s not a bad guy for doing what companies do ever my day. It’s just activision paying sheep’s to be mad because they don’t want to lose va Anthony. Even though he’s in the right
I’m not surprised that he would do something like this but I am surprised that it’s the corpo who has the side of the people because the content creator is being reckless with free use stuff
@@user-jl7xj5iz9k aside from this lawsuit (which he absolutely is in the wrong with), there's not much reason to hate him outside of some misinformed people who dont actually watch his reviews and just scroll down to see the score on his most controversial ones. Even if he has a weird opinion, he usually justifies it pretty well outside of a few odd cases. he's very overhated
Fair use of a copyrighted work applies to teaching, comment or criticism, and has to be changed enough from the original work such that it is a distinctly different thing. They’re not right because they’re using a copyrighted work under fair use (spoiler, they’re not), its that it was in the commercial sounds library so copyright law doesn’t apply the same way.
It's not about fair use though. You can't (especially commercially) exploit IP owned by another party without an appropriate right to use usually obtained via a license. That's literally why IPR exists in the first place.
@@MultresMusicChannel If that's the case, then Anthony shouldn't have uploaded his sound bite to TikTok's CML. Doing so revokes any rights he retained to the content and allows others (including brands) to use it for commercial purposes, as stated in TikTok's ToS.
@@TheHuskyK9 True, if Fantano has in fact reuploaded the sound bite to the CML or otherwise consented to the right of use of third parties. TikTok's Sounds for Business segment of CML was apparently launched last February whereas the sound bite has been originally uploaded to the platform years ago. There is a possibility that TikTok hasn't cleared old content appropriately for commercial use in SfB which would explain why other companies have apparently settled similar claims.
@@theo6741 US Copyright Law doesn't apply for Public Domain Works. You don't own the art nor can you claim copyright over it. Situations like this, new artists should know. Creative Commons is like this too. And TOS in America is not legally upheld. Since US Copyright Law exceeds it and you need a proper contract for Contract Law to be legally enforced. Especially when "free labor" is simply daylight robbery in a form of TOS... Illegal but not unexpected for corporations to do.
If Anthony didn’t upload the audio, then another point of contention will be the duration of time Anthony has spent not actively attempting to remove the audio from the library. If he knew about it, but only to action selectively to big companies while not taking any action to remove it from the library, it could look bad for him still.
@@Jaywin228 While screwing everyone else if he ever does tho. This is beyond "bad publicity", but he's literally claiming he doesn't care if he needs to harm every other creator out there for some money.
TikTok Sounds for Business has apparently only been launched less than six months ago. Could be that TikTok failed to obtain consent for old content and accidentally cleared it for commercial use without having an appropriate license in place. That would explain why other companies have apparently previously settled similar cases.
No he might legitimately not know in which case he, the copy right holder, would not have consented to putting his copyrighted produce into the library so it would be legally invalid. Idk if he'd get much out of Activision for that though since there's no way to show they knew that.
the thing is, the "tiktok music critic" forgot one thing. Their a multi million dollar company, even if they where to lose the case, they could postpone the case as long as they want, and lawyers are payed by the hour, so they could technically make him lose all his money and all his savings to win this case. They are loaded, so they don't care about spending.
Nah, companies have money but it’s not just sitting around waiting to be flushed down the drain. They likely have a budget for this operation, much more than the creator does, but especially in this case where they can easily win there’s no reason for them to stall.
@@sebastianriz4703 yes... done multiple times every year by big companys against people... the lawyers will always find something to prolong cases, push courtdates back and file motions about everythig... they simply bleed you out
It also raises the question that how long has the song been in the commercial sounds library with Anthony’s knowledge, and if he was not the one who uploaded it why did he have no intention to remove it if it was knowingly being used without his consent.
As someone who has brown eyes, i hate having brown eyes. They aren't even good looking. My parents said if i get 2k followers they'll get me an eye color surgery 🥺🙏
Should ActiBlizard be praised for not being Evil in this case? Yes, absolutely. It's called positive reinforcement, we want to encourage the behaviour we like, and discourage the behaviour we don't.
They're a company, not a person, positive reinforcement doesn't apply to a faceless conglomerate that's just trying to make money, especially since this lawsuit was done in their own self-interest, and not for the good of other creators and users, it just so happens that preventing abuse of copyright claims here benefits other people in addition to themselves, but let's not pretend like they're doing this for the good of others.
@@kingkami1739 To my knowledge Fantano didn't actully sue ActiBlizzard, he sent legal threats, and ActiBlizzard sued him in response, this isn't a counter-suit it's a pre-emptive suit.
For anyone who doesn't watch the video and jumps into the comments: Anthony wants people to pay him lots of money if you use a meme that he posted in the public domain. Activision isn't in the wrong here
From a corporate ghoul's perspective, you may be right. But morally there's a difference when a company uses that shit for commercial gain. It's extremely common for commercial licenses to be separate from casual ones; TikTok has an exploitative ToS.
@@sownheard ok, and? I didn't say they were technically wrong. Why are you defending a multi billion dollar company that started this whole thing by stealing someone else's content and using it for a promotion to make money? Why are you trying to minimise the fact that they're one of the greediest, morally corrupt video game companies that exist? Context matters
@@kwoni3337Lil bro losing his mind over a corporation that will never change nor give him any mind lmao. I don’t like Activision but this comment is so corny. Like did you even watch the video ☠️they didn’t steal nothing and was under fair use. It’s cool to hate corps but don’t start crying over nothing 🤣
I've been a fan of Fantano for a long time so it's really strange to see him do something like this, especially when it seems like he doesn't really have a case here. I hope there are some more details that will make it make more sense but right now this kinda seems like an L for Fantano.
I think a lot of newer creators are confused about copyright as it is and the intricacies of it. So to have, what should be, a safe place and suddenly that is not to be safe anymore, just adds to the confusion and also adds to the ways scammers can try to make money off unsuspecting people. Sometimes the bad guy is in the right.
The fact Melon has already reportedly strong-armed a couple companies into six figure settlements is wild. I hope Activision’s lawyers absolutely bury him.
He is a bad person, crappy to his fanbase when they disagree with his points. His arguments against viewers on TH-cam or comments on Twitter exemplify that he thinks he’s smarter and better than everyone else. No shock he’s trying to abuse systems to make a ton of money.
@@Sindrella. I like it when a creator doesn't stroke off his audience like they're never wrong. Those "arguments" you're crying about are purposely put forward by the audience specifically so he can argue against them. The name of the segment is literally "let's argue". That's like saying someone roasting people who submitted themselves to a "let me roast you" video thinks he's smarter and better. You have completely missed the point.
@@ToastybeesI don’t recall any of those arguments making it onto let’s argue. They weren’t even related to a let’s argue section. Is this a misdirect? And even if they were about let’s argue, couldn’t he just cherry-pick the ones that make him look good? Cmon man you’re being disingenuous
@@Sindrella.He’s a retired meme cringe lord. Bro never grew up. That already tells you enough about a person. He’s falling off this is just desperation for money.
@@ToastybeesI like him to an extent but you gotta be real that he is a pretentious douche. That’s sort of his brand. So it can be entertaining but I’m not surprised that a guy who has a dickish personality is doing dickish stuff.
I'm sure Anthony's lawyers have told him not to talk about this case. But they never said he couldn't 𝘴𝘪𝘯𝘨 about it
Oh my god he’s found the loophole
Then that song is entered into the fair game library and the process begins all over again.
pls no 😭
*ALL ABOARD!!!!!*
"Anyway, here's wonderwall"
Imagine getting called greedy by an activision lawyer
Imagine that lawyer being right.
@@mitchjames9350 Wasn't that the whole point of boots comment?? Translation: Activision calling the Kettle black.
the lawyer isnt lying
@@City1Tigerlawyer is balling
@discerningmood2674 no Mitch is just saying the pot is calling the kettle black. Everything else you shoehorned in there on your own 😂
I like how Fantano decided that picking a fight with a multi-billion dollar game development studio with a bottomless pit of money to throw at a lawsuit was a GREAT idea.
It’s also a bottomless pit of money to throw at a settlement… the side people always forget.
I haven’t finished the video so I’m not going to side against Fantano like everyone apparently has, just saying, I’m sure Fantano’s network have a decently large law firm on retainer that decided to take this on, on its merits. It’s not like Fantano just saw the ad and got mad and decided to sue, someone on his end brought it to his attention with the purpose of asking him to sue, that’s how these things go 99% of the time
@@blazaybla22after watching the video what is your opinion now
@blazaybla22 Should’ve watched the video friend
That ideas gonna get a NOT GOOD review
I feel like youtubers don't really know how the world works
Super smart of Activision's lawyers to spin the case in a way that actually gets public opinion on THEIR side
Either way it’s spun, Fantano is still in the wrong
nah, fantano is just a walking turd, he just tried to steal satan's money and satan decided to teach him a lesson
goood for ACTIVISION . sometimes these influencers think that just because they have small following of people they can get away with anything. i bet he will try to defame activision and ask his 9 year old fans to post troll comments on activision social media once he loses the cases. (of course he will not deliberately tell his fans to do that because he knows his ass will be in jail but he will definitely try to isuniate hate towards acitvision and it only take small hint for his 9 year old fans to wreck havoc on social media thats how it works nowadays . you dont even have you command your dumb followers . just say that big corporation bad im good and his unga bunga fans are ready to go)
@@bendover-bz4bc You have no idea who Anthony Fantano is, do you? Small following? Try... millions. He is a music critic/reviewer that's been around for years. Pretty sure he has almost no child following either.
He's a piece of shit, yes, but to discredit Anthony as some typical run of the mill Tiktok influencer is just disingenuous and makes me think you are just an Activision fanboy, which, btw, none of us here are, so you are not gonna get a lot of support either way. Is Activision right in this instance? Yes, they are, but that doesn't mean we like Activision.
bro what? how did they spin the case? public opinion wouldve always been on their side because the original tiktok sound has 55k videos under it how come he didnt go sue all those people?
So happy to hear that small creators like Activision are able to finally stand up against big corporations like fantano
Hey if someone is in the wrong they're in the wrong
Small or big doesn't matter, they are in the right this time. h💁
Happy to see you are mouth breathing and can't tell right from wrong.
Cheers
crying about fairness but asking for an unfair resolution, ironic
This is only a "confusing case" because people are so biased against Activision like this. Look, I fucking hate Activision, but people are trying their damn hardest to somehow make Activision wrong in a situation where Fantano is clearly being the piece of shit, even if that harms other small creators in the process.
Sounds like Anthony flew too close to the sun. He got Activision to remove their video, relatively easily, but went too far with the lawsuit.
Probably wanted to take their money while he was at it
@@theravenlordyep, I don’t really see a bad guy in this story, Anthony wanted some cash from activision cus fuck them, and activision just said no.
Despite Anthony objectively being in the wrong, I still hope he wins this. Just so Activision doesn't.
@@Brianna_Q how is that any good for anyone?
It literally affects everyone else badly
don't pray on someone's downfall because you hate them when it affects others at least
that's not how it works
@@namajeff4199 Actually, that's precisely how it works.
TikTok policy works like this: Business accounts (these are accounts registered to businesses) aren’t legally allowed to use anything outside of the CML (commercial music library) even on organic posts. If they want to use non-CML sounds, they have to show that they acquired the rights to use that sound. TikTok’s standard sound library licensing agreement only protects non-business accounts. Activision is claiming that they got the sound from the CML, I can assure you, the CML is highly curated and would never have Fantanos audio recording within it. TikTok policy is written that way for exactly that reason. They’re confusing the standard TikTok audio library (non-business use only) with the CML (free for business use).
Finally someone who fucking gets it. The echo chamber is real man, kinda disappointing to see
@@Junya01 otherwise Walmart could use a Taylor Swift song to promote Walmart products for free on TikTok, skirting the licensing agreements they’d have to go through ordinarily. It’s why TikTok makes the distinction between standard users and business accounts, TH-cam does something similar where standard users you can upload copyrighted music, but you can’t monetize it.
Wouldn't it be literally the easiest thing on the planet for Fantano to simply prove the sound is not on the CML if that were the case? I don't think "the lawyers of this giant corporation are all basing their defense on the idea that nobody will bother checking this publicly available resource" is a particularly likely scenario here.
@@Junya01Dev Lemons echo chamber is way worse. And yes fatano is in the wrong. This information is publicly available go look it up yourself
@@HunterTracks no idea, I guess we’ll wait and find out
Even if Anthony could establish he didn’t put his meme into the library Activision can clearly show that they used it fairly since they had no way of knowing that was the case and furthermore they acted in good faith by immediately stop using it once he contacted them about his objection. Anthony isn’t going to get a dime.
Innocent infringement still has a minimum penalty of 200$. so if it ends up a non fair use infringement case where willfull infringment cant be proven, he could still see some money
@@21warmasters I'm sure Activision will laugh their guts off if they have to pay around 200 bucks.
In that case wouldn't Anthony need to sue Tiktok as well, since they had publicised his property?
@21warmasters lol. 200 bucks? Thats nice. Lets make some math on the profits
+Profit from the lawsuit = $200
-Lawyer fees = $100,000
Damn. Anthony sure showed everyone
@@21warmastersyour mind is incredibly diluted, please just think about what you said, 200 dollars isnt even crumbs for 90% of Americans, ESPECIALLY in today's age. Your observation was pointless and shows your ignorance when it comes to living in the real world
Kinda sucks when you have to admit that the worst person in the room might actually be right
Yeah lol this situation is the embodiment of that article that's like "Heartbreaking: The worst person you know just made a great point"
fantano is easily the most annoying person in the room though
DOesnt matter, if they are right they are right, even if they suck in general
He isn't right, there's thousands if not tens of thousands of companies that do the exact same thing every day, him being the first one to be a giant crybaby about it doesn't lend much credit I'm afraid
Who is the worst person? Fantano?
Details aside, sending a C&D to a multi-billion dollar corporation is pretty foolish. They will always find a way to make the lawsuit more costly than it’s worth
I feel like in recent years Fantano's ego has grown.
fantano has never been smart to begin with. he gave MBDTF a 6
@@otto_vonbased
That wasn't that problem they actually listened to the dude, it was when he asked for money from them for wtv reason
The cease and desist alone was fair. Fantano didn't want his likeness associated with Activision. Activision complied (surprisingly) and took it down. Fantano took it too far by demanding compensation after it was taken down, though. That was just incredibly dumb. Someone else in the comments said Fantano pulled an Icarus, I completely agree.
This is actually settled case law. Once you create content it becomes your IP, however once you put it into a royalty free library you surrender rights to control of said IP. The case this is based on is from a woman who posted an image to a royalty free library, however she later found a stock photo company selling her IP, she took legal action, and the court ruled in favor of the defendant stating that the creator surrenders rights to control their IP upon posting it to a royalty free library.
Honestly, Anthony should've stopped after they had already ceased - they stepped on his toes and they practically apologized. Now Anthony decided to take things too far by trying to shake their pockets.
they already made god knows how much money from their ad before being taken down. I see copyright on TH-cam being abused by companies, I don't want them to limit compensation for the people on tiktok they use, while the people get eff all.
@@lachicoblanco He uploaded it to a public library and surrendered his rights to it. His fault. He doesn't deserve compensation. If he did receive compensation from Activision, that means he could get money from EVERY SINGLE PERSON that used his sound clip on Tik Tok. Copyright is also abused on TH-cam by individuals doing the same thing Activision is going against.
@@Aaronn-je8cx then again we don't really know if he was the one to upload it in there.
@@Aaronn-je8cxThat’s not how commercial sounds work. You can’t choose if it gets uploaded as a commercial sound or not.
Yeah this public library bs is just annoying. The reason that Anthony can’t just sue everyone using his sound is because Activision used it for an ad. Let’s say for example that Twitch wanted to create an ad using creator clips, they would need to ask permission first. EVEN THOUGH they’re literally clips from Twitch, DOES NOT MEAN THEY CAN USE THEM FOR ADS.
Getting Activision to comply in the first place and take the og ad down was a feat in and of itself, I don't know why he felt the need to press his luck like that..
They kinda HAVE to by law. That is what a seize and desist is for....
@@jeltje50 that's not what a cease and desist is.
@jeltje50 That's not a cease and desist. That would imply Fantano knew the commercial using his bit was being created, and he probably didn't. This is a copyright claim, where the claimant can request the person who maybe in violation to take down the work. It must stay down until a counter notification is filed or is taken to court and ruled that the property is fair use. Fantano most likely doesn't have a case since it's fair use.
Vanity.
@@AllThingsEntertaining the article states that fantano send out a cease and desist letter.
I know its a small pleasure, but I always love it when a guy in the Twitch chat gets Charlie to look up a news article and it leads to a full face to cam video
FTC ATM
Big facts
Oh we love a money hungry charlie
@@PlanOfActionz Charlie doesn't make money from these videos. Last I checked he donates his ad revenue on youtube to charities. He only makes money from twitch
This happens a lot. His audience is great.
Activision: oh you're a villain alright...
just not a super one
the thing i've heard that makes the most sense is that if someone else, either accidentally or intentionally, uploaded it to the commercial sound library, they should be held liable. if it was accidental, i think tiktok could be held liable too for letting something like that happen so easily.
legitimately the most sane thing activision has ever *publicly* done
edit: i started a war in the replies lol
Besides bringing back the old cod servers
@@SoulSpookzMicrosoft did that. Not at vision
@@HollowR6S Ah alright then thanks for clearing that up
@@thecoolguy3498 he said the opposite to that
@@bigmooseplays you’re totally right, I misread. Then I totally agree lmao
Activision is inadvertently doing a good thing by serving its best interest. It's like Godzilla destroying a city but the city is actually a cartel compound.
Lmao that’s a good analogy
Lol best comment
🤦🏽♂️ this is actually a great comment.
Rofl
This comment had me wheezing 😭😭😭
I honestly feel like there is a pretty big difference between small creators making videos with tik tok sounds and direct advertisements. Especially when it uses someone's face or voice.
I really appreciate how you first show all the facts as they are, AND THEN show the stream where you guys all figured it out. Very informative
Impressive how Anthony managed to be the greedy side in a battle against Activision
He's got a big ego for only reviewing like 3 genres of music not a fan of him at all but this totally shocked me he's pulling an Ethan Klein
Why call it greedy? A huge company used his work, and he wants to be paid for it, that’s 100% reasonable, he’s not suing normal people for it, it’s billion dollars companies
Wait these last two comments, how can you side with him? Did you not watch the video at all? You can't pick and choose. He gave up his exclusive rights for protection by putting this video up. That means any one can use it regardless. I'm pretty anti corp and I'm siding with Activision here because they're right this time. He got greedy and now must pay the price.
@@devizesolstice4617 I feel like, when it comes to a legal view, Fantano is 100% wrong and screwed, even in an ideal world, you wouldn't go about it the way he did. But morally speaking, I don't see why not? I think if I want to say "Individuals can use my music for free, corporations and ultra rich people can't because they obviously have the money lol", I think that would seem fair to most people intuitively, I feel like that should be allowed. It sort of is, that's WinRAR's entire business model.
So as long as people concede that in the real world, Fantano isn't getting anywhere and was stupid to put his stuff in the CM Library if this is how he really feels, I think it's fair for people to have the view that morally Activision owes him because he says so, it is his work.
@@anthbills307saying I'm ok with meme or TikTok videos of me isn't the same as saying im ok with my likeness or anything I created being used in an ad these 2 things aren't comparable
Dude doesn’t have much of a case, but I do find it hilarious a company like Activision preaching about fair use when they’ve fraudulently copyright claimed hundreds of videos for reviewing their games negatively.
I find it more hilarious that some content creators/influencers like to pretend that they are against fair use misuse, but when the first opportunity arrives, they instantly do the same thing...
@@Pesky_Anonno the op's comment is funnier
@@Pesky_Anon I'm astonished that you're trying to equate a small influencer abusing fair use policies to a multi-billion dollar company doing so.
@@Uifonthey’re not equating it they’re just acknowledging the nuance there is a difference silly
@@deceased988 They're equating the importance of it. Otherwise, why bring it up when it's not the point of OP's comment?
Activision, Anthony Fantano, and Tiktok are three things i never expected to get talked about continuously in the same breath
notice how when companies sue people they use "legal action", but when it gets turned around on them its "legal THREAT".
and for those that want to get stuck on the exact wording, for this specific example "threat" is used in its standard connotation. meaning to try to damage the company in some way. where most companies use "threat" (in terms of legal action) as a synonym of warning or notice.
Whoa, that's deep bro....
@@Zeus.2459 thanks Garfield speedrunner...
@@PartytimeYOLOhow’d you do that😩
I dunno, it makes things clear.
A legal threat is a threat, they MIGHT do something.
A legal action is an action, they WILL do something.
It's the difference between "Apologize or I might have to break you" and "Too late for apologies, I MUST break you".
It was a threat tho. Fantano threatened activision instead of just suing them like an idiotz
Thanks Anthony, you have put us in an awkward predicament, you made us side with Activision.
I’m not in an awkward position, I never liked Fantano as he seemed like a douche, which seems to be the case.
@@maxdoom3521agree he's a clown.
@@maxdoom3521not suprised at the slightest
Activision is in the wrong here.
@@poopy-333yup
It bugs me that people are genuinely not in the know on how copyright law works. It’s there for a reason. People aren’t better than the law just because they’re famous.
Reality says otherwise.
@@WompaStompaCynnothing to do with fame and entirely with money, don’t let yourself think its famous people that get away with everything its rich people, its just a lot of famous people are rich.
As someone who has brown eyes, i hate having brown eyes. They aren't even good looking. My parents said if i get 2k followers they'll get me an eye color surgery 🥺🙏
yeah, well it’s hard to keep track of the details of things you don’t respect or care about like copyright lmao
Uhhh people with money are absolutely better than the law. Are you not aware of how the American justice system works?
Charlie learn how Tik Tok works and then make a video on this. I was fine with your stream clip about this because it was an on the moment reaction but this video is just incorrect.
I was under the impression that Anthony himself didn't create the meme, but someone actually clipped it and turned it into one and it went viral. So I don't don't think he entered it into the commercial sounds library, but this will be super interesting to follow
leave it to Anthony Fantano to make Activision seem like a reasonable company.
Someone didn’t like an album review
@@itsjohnnyr8560 maybe but you can't deny that fantano's case is ridiculous
@@itsjohnnyr8560 I don't think I have seen an album review of Fantano in years. I'm fine with most reviews I remember. I do not like his character though.
@@syinari8266 Oh it absolutely is ridiculous
@@itsjohnnyr8560 fantano is an L
I don’t know what timeline we’re in, but Melon and Activision fighting with each other wasn’t the one I was expecting
Charlie’s content is amazing and anyone who compares this to trash is trash themselves for watching this lol
And melon being in the wrong
@@mikedocemrick9497 well he do that sometimes. Aside from the Fader thing. That was just a hit piece against him.
@@GloomTapes facts
And Activision are.. kinda right? For now anyway
giving those headlines a light two is such a good reference omg
The commercial sound library on Tiktok is different to their standard sound library. It’s a more limited selection of sounds for business and brands that can be used commercially and doesn’t include most popular songs
Let's be realistic, he saw this as a way to try to get an out of court settlement based on silliness and now he's finding out the hard way.
While this makes sense. The dude has a lot of subs. He's been around a long time and I'm willing to bet has made a damn good living being a YT'er. I don't think this is a cash grab for that reason and the fact that well, he just doesn't seem like that kind of guy (though I could be totally wrong on that second one, not like I know him personally).
@@JayBigDadyCy Why does him being around for a while and you not knowing who he is make you think it's not a cash grab? The fact that he has multiple out of court settlements for similar things against large companies definitely raises my eyebrow while your reasonings simply makes me roll my eyes.
@@JayBigDadyCyyeah this is absolutely a message he is trying to send. Like whatever lil money activision may have neen willing to throw his way is irrelevant to him.
Charlie? More like dummy am better
Bros the activison glazer lmao imagine glazing and supporting a corporation thats super terrible
Geez. It takes a lot for people to side with Activision. He definitely pulled an Icarus with this one.
Mf flying directly to the sun
Anthony Fanscammo.
I’m gonna have to give fantano a strong 3 to a light 4 on this one
Sounds like a classic case of fuck around and find out for Anthony
Even if he didn't put it up it's on him to find out and inform someone it's up falsely.
It sure is weird seeing Activision NOT being the scum side of a lawsuit. What strange times.
@PavelTayTay please explain why
@PavelTayTay how are they in the wrong... i feel like this is bait but whatever explain your point of view
@Kisame.Hoshigaki "Activision bad" that's why
He's a braindead donut and biased
lmao@dirt-kw7cy
especially since it’s against Fantano, who’s been the “good guy” in other beefs (the Drake’s vegetarian cookies drama for example)
I never thought activision would make a good point for once
@Susnation532 We do not care.
I don't like having brown eyes
My parents said they'll get me in a surgery to change my eye color if i hit 2k followers
@ Again, we do not care.
@@DJV-97 why you replying to bots bro
@@sirdurph3021 bots are amazing
This is a bad take that’s missing a lot of context. He didn’t choose to upload it there.
That's covered in the video. Watch it fully then edit your comment. It also doesn't change anything cause Activision had no way of knowing Fantano didn't upload it and they still complied when sent the Cease & Desist. Activision sucks. But a part of being a reasonable person means you can agree with people you don't like
It's fairly concerning that now the way a lot of people consume the news is via someone learning about the topic in real time while reading a single article.
Welcome to 2023! We have a veritable buffet of sources for those with limited media literacy!
Since people seem to be confused: Fantano did not file any lawsuit against Activision. He merely threatened to do so. Activision sued Fantano for declaratory relief (to get a declaration from the court saying they didn't do anything wrong.) Not sure where people are getting that idea from, but there you have it.
Yeah, it's just light extortion.
So basically he just said that? Man... what a storm in a water cup
That’s a very important but also very confused detail
@@luiscastilloful In general, the purpose of seeking declaratory relief is to protect against extortion. Suppose there's a 10% chance part of a game would be found to be infringing, and a company is about to spend $50,000 pressing CDs, but replacing that part would cost $6000. A statistically fair license fee would be $600 paying it would avoid a one in ten chance of having to spend $6000). If a company couldn't get a definitive ruling on the infringement without pressing the CDs, but as soon as the CDs were pressed the holder demanded $4000 for the license, that would be a better deal for the company than having to take a 10% chance of losing $50,000, but a far worse deal than what the company should have to pay.
A declaratory judgment would shift the scales so that if court finds that the work would be infringing, the company can switch to using the alternative (or license the work for slightly less than the cost of switching) before committing to pressing the CDs. If the potential copyright claimant were to offer to settle for $600, that scenario would be better for both the company and copyright holder than pursuing the judgment, but the declaratory judgment would prevent the claimant from holding the $50,000 CD pressing costs hostage.
@@isaacdepaula2103A storm in a water cup, never heard of that saying but wow that's a good one 😂.
I don't respect Activision as a company but they've got a point on this one. Anthony got way too greedy. He was lucky to even get the Crash Bandicoot video using his meme clip taken down in the first place. I wouldn't be surprised if he dropped the lawsuit before it could go to trial. If not, he'd likely lose and his reputation would be shot!
His reputation wouldn’t really be affected because his fans don’t really care
Reminds me of an onion article that is called “the worst person you know made an actually good point”
Anyone who knows anything about fantano knows he has a reputation of being an idiot
@@ccslider5755 can confirm, zero fucks given
It doesn't matter if he drops it, Activision countersued and it's pretty clear they want a ruling, meaning no settlements
It's pretty ballsy to try and hold a corporation to ransom. It's one thing to demand they stop using it, which they did. It's quite another to then demand money from them.
i'd do it if it were me.
The crossover I never expected
"Pay me $100k or I'll sue you." The judge is not going to like that threat.
Especially because that’s almost a textbook example of extortion.
Well what do you think people do when they don't receive what they think they deserve? Not sue? lol. Not getting money is the reason for 95% of people suing other people/companies.
@@pinkanimositygaming No it's standard discussions before a lawsuit. Most lawsuits are resolved like this before taking it to a judge and essentially all before taking it to trial. $100k is cheap compared to going to trial.
@@volundrfrey896 my main point was about the wording. I pursued contract law in college. When an ultimatum is issued, the wording needs to be taken into account. If it’s worded in that blunt of terms, a judge or a jury might interpret that as a hostile money grab. They could interpret the ultimatum to be made in bad faith depending on if the wording seems hostile.
Anthony shoulda just accepted that they took down the post out of respect when they didn’t have to. Instead he crossed the line and threatened legal action. He better pray that they accept a settlement.
It's kind of an interesting area because wouldn't other companies be required to pay to use other peoples content? Like call him greedy but what he is doing seems pretty standard.
@@Lastofthefreenamesmorally i don't think people are saying fantano is in the wrong, but the fact is that if his actions are accepted and normalized it will negatively affect a lot of other people due to the precedent. he's also just legally wrong besides that
@@ladyinwightmorally demanding more and more is called greed and is wrong.
@@ladyinwightNot necessarily. Fantano winning is only bad if he argues from his ownership of the meme. If he argues that the ad using him is misleading and wins that's pretty much objectively a good thing. What's bad for corporations is typically good for humans.
@@captainjames4649from a big company, oooo sooo morally wrong
All you have to do is check the commercial sounds section to see Anthony’s audio isn’t in it
I have never once seen Anthony do anything and been entertained even slightly. Lol.
I hope this actually goes to court. It’s an open and shut case, but it’s important that it is made into law.
It's already law that you have to abide by the contracts you make though. What else is there to this?
@@LuciusC Law supersedes contracts which break the law....
You can sign a contract with unenforceable clauses...
It probably won't
It has to go to a supreme court/constitutional court for that; first instance verdicts don't make jurisprudence
Achualy, it would have to go to the senate or the house; the courts do not make law. 🤓
If Activision wins, and if it’s true that Fantano got other companies to pay him those “similar 6 figure amounts”, would they be able to come back and countersue?
Yep they can go after him.
Good activision and other company dick riding. I’m sure this will be brought up at youre next company meeting.
Probably not, settlements are supposed to *settle* the case, no matter what happens in the future. They would likely have to prove outright fraud to get the money back.
idk im not a lawyer. What? You think anybody in this comment section is gonna start pulling up website links to cases or laws created from... Name a year in 1900s. Like shit, I can just say yes with no evidence to support my claim or I can say no with no evidence to support my claim. I didn't pass the bar, I didn't go to law school. Not only that but I highly doubt there are any lawyers here. Now of course this isn't me saying that there is a 100% guarantee theirs not an individual with sufficient knowledge in the law because there might be.
@@thelegendaryloaf9285 damn bro
Here's the deal, the commercial sounds library uploads the sound as soon as you post the video, Fontana doesn't have a case here
I wonder what Chuck would do if "WOOOOO YEEEEAH BABY!" showed up on an ad for Walmart with no attempt to clear it with him.
Even if Fantano can prove he didn’t put the clip in the commercial library Activision has plausible deniability and their initial comply of the C&D as means to dismiss any further action. Overall it’s a power move for everyone, they get to know if he uploaded it or not and they also get to use that as their plausible deniability. Fantano can’t even win anything monetary in court as he has no registration number for enough slices. He’d win an injunction preventing further use at most.
Congrats on having the only reasonable take in this comment section.
If he didn’t upload it then activision can fall back on the fact that the sound has been used millions of times and he only takes issue with it being uploaded now. They would still have to take down the clip but there is no avenue for financial gain for Fantano that I could see.
@@megladon6that doesn't sound viable in court. "Oh everyone else used it so we figured we could too"
@@Seven-tk7spthat’s not the defense. The defense is that to keep certain rights you have to defend them and you can’t be choosy about whom you defend them from. I’m not a lawyer and even I have read about this numerous times lol it’s nothing unusual. People with no idea of how things work and whom have read nothing about it : “that couldn’t ever work that way!”
😂😂
The people who know the least will always talk first and loudly lol
@@mrjjman2010 "The people who know the least will always talk first and loudly lol" Not quite looking in the mirror there are we bud?
When it comes to advertising, a company would need explicit permission to use the likeness of an individual or organization, either visual or audio, regardless of the origin of said likeness. The defense of certain rights that you mention is only applicable in copyrights, of upholding and defending copyrights via suits or DMCA in most cases. This does not fall under copyright defense as you claim as one: Fantano most likely does not have a copyright on the "that's enough slices" clip, i believe that is partially taken by TikTok actually under their terms, two: there is a vast difference between what could fall under fair use or be argued as "defamatory" ie what Activision is counter suing here, and three: Activision used the clip in a advertisement sense, which allows for a lot more broadness in protections of individuals when it comes to their individual rights.
Congratulations to this guy, he made us root for Activision
!!!!!!!!!!!!!!!!! This , I aint defending a tik tok brain rot user.
They don't call him melon head for nothing.
@@sodanakinyou’re not better than everyone else don’t be such a wanker
@@sodanakinYou clearly don't know Fantano as tik tok is just a small thing he started doing besides his youtube channel. Definitely not a "tik tok brain rot user"
@chucksfeedandseedYou clearly haven't watched any of his youtube videos
I'd have to give those headlines a light 2
BARS
Charlie, did you just straight up forget that TH-cam literally has bad actors copyrighting people who post their own original music? 😭
This is the greatest lawsuit of all time
@Susnation532 shut up clout clown
I have brown eyes but I don't want brown eyes. my parents said if i get 2k followers they'll take me to an eye color changing surgery thing 🙏
@you have great eyes
@Bro you could at least say something more convincing than "eye color changing surgery thing"
Yup that and Depp vs Heard
"you won't see me pumping my fist for activison"
Bro you got sponsored multiple times just earlier this year for overwatch 2
One must imagine Sisyphus happy
The only way I see Anthony winning is if, in a plot-twisted manner, Activision was the one who uploaded the copyrighted tik-tok audio to the open source license wiithout his permission so they could use it and have a defensive barrier of “oh, we didn’t know it was uploaded there by someone else.” lol that would be absolutely craaazy tho!!
That would be really crazyyyy bc a bunch of ppl use that sound 😭😭 there's no way Activision knew about the sound b4 people were wide spread using it
You can’t upload stuff to the commercial content library, look it up, it’s not possible. Anything that doesn’t get detected by TikTok’s copyright filter is allowed to be used by business accounts. But the damage was done, his likeness has value and he need to give permission for them to use it.
@@AhhhAh-qv6rc"All Commercial Sounds in the CML are pre-cleared for commercial use on the TikTok platform"
The only way a sound bite could be pre-cleared for commercial use is if the creator had specifically entered into a licensing agreement with Tiktok that would allow Tiktok to sublicense any other user. It's pretty difficult to do that on accident.
That kind of is the only way out here. And if that's the defense, then who did upload it?
Honestly, if Anthony is caught up and somehow admits to knowingly put it into the "Commercial Sounds", he loses. The only way I can really see him winning this dispute is if someone else stole his audio and published it there without him knowing, which can raise the question "Why didn't they get sued?". People can argue that Activation used it for "promotional purposes", but that is immediately discarded since it's apparently in the "Commercial Sounds"
Think for a second; if Fantano agreed - why would Activision take the video down and not contest it at that point? Why wait for a countersuit in which they've already admitted fault?
@@kaingates It's common for people to take down content that uses content from other creators even if it's fair use if the other creator asks. Nothing new or damning there.
@@karthis5911 What people are missing here is Fanto IS his brand and you can have Business Branded Accounts.(googled) My guess is he upload that using a Business Brand Account which doesn't seem to have the same Term of serve that's probably why he was able to get those amounts from other companies. Activision either knew of little of him or did and just didn't want to fit a collab bill and just decided to steal the meme for the ad cause they knew it'd get taken down LATER after hour or days and by then the ad time is over since they probably paid for it to be pushed up and all that on the frontend (as many eyes on it at launch) would be over by the time it would be taken down at backend (when that money to upsell the ad timeframe ends). Plus why didn't Activision Connect with Fanto he's a big enough creator NOT to try to get into connect first or at least you'd think NOPE, They just sent the ad and now making like He's the bad guy, yet if your seeing him on Twitter or YT or FB or TicToc those are ALL definitely Business Brands, nothing personal, so when he twits or threads or post on YT or TicToc THEY ARE ALL business brands accounts. So if he uploaded the meme from his Business Brand Account I doubt they same term of service apply especially when sharing. Otherwise why would Celebrities or Musician use TicToc if they themselves or anyone else puts them in the music library well now your likenss and vioce could then be claimed fair use and/or obliviousness to use for a time being. So every celebrity and musicians' voice and likeness as well are fair game when? Well I bet TicToc thought of that with branded business accounts that way those types of people or companies don't have to have their voices sampled or likeness used in commercial ways they wouldn't want or shared without their approval.
@@kaingatesthink for a second if fantano didn’t agree then why is it apart of the commercial sounds library?
I wonder if activison used the ad on a different platform. If they did it’s possible that he has a claim to damages for nontiktok ads since he (allegedly) only agreed to have his sound bite used on TikTok
Can't believe that *Activision* is the good side in this lawsuit. Anthony got greedy and now he's paying the price...literally.
I cant beliebe fantano tried going toe to toe with craptivision 😊
@@itsnotjayboipedovision*
hes just playing their game
Yea he’s not a bad guy for doing what companies do ever my day. It’s just activision paying sheep’s to be mad because they don’t want to lose va Anthony. Even though he’s in the right
@@anthonyrosse5925He’s not right lol
I’m not surprised that he would do something like this but I am surprised that it’s the corpo who has the side of the people because the content creator is being reckless with free use stuff
Anthony Fantano, the internet's busiest copyright troll.
The random person I don't like for no reason has done something to justify my feelings. Thank you Anthony
@@user-jl7xj5iz9k aside from this lawsuit (which he absolutely is in the wrong with), there's not much reason to hate him outside of some misinformed people who dont actually watch his reviews and just scroll down to see the score on his most controversial ones. Even if he has a weird opinion, he usually justifies it pretty well outside of a few odd cases. he's very overhated
@@user-jl7xj5iz9klike what
@@user-jl7xj5iz9k So true.
lmao me too
He's insufferable. Very punchable face.
It isn’t about corporation vs an individual, It’s about protecting fair use. Support the correct decision for everyone and not a person.
Fair use of a copyrighted work applies to teaching, comment or criticism, and has to be changed enough from the original work such that it is a distinctly different thing. They’re not right because they’re using a copyrighted work under fair use (spoiler, they’re not), its that it was in the commercial sounds library so copyright law doesn’t apply the same way.
It's not about fair use though. You can't (especially commercially) exploit IP owned by another party without an appropriate right to use usually obtained via a license. That's literally why IPR exists in the first place.
@@MultresMusicChannel If that's the case, then Anthony shouldn't have uploaded his sound bite to TikTok's CML. Doing so revokes any rights he retained to the content and allows others (including brands) to use it for commercial purposes, as stated in TikTok's ToS.
@@TheHuskyK9 True, if Fantano has in fact reuploaded the sound bite to the CML or otherwise consented to the right of use of third parties. TikTok's Sounds for Business segment of CML was apparently launched last February whereas the sound bite has been originally uploaded to the platform years ago. There is a possibility that TikTok hasn't cleared old content appropriately for commercial use in SfB which would explain why other companies have apparently settled similar claims.
@@theo6741
US Copyright Law doesn't apply for Public Domain Works. You don't own the art nor can you claim copyright over it.
Situations like this, new artists should know.
Creative Commons is like this too.
And TOS in America is not legally upheld. Since US Copyright Law exceeds it and you need a proper contract for Contract Law to be legally enforced. Especially when "free labor" is simply daylight robbery in a form of TOS... Illegal but not unexpected for corporations to do.
I wonder when the review will come out….
I already see it getting a, “Not good 🔥🤯🔥”
I wouldn’t want Activision to use my likeness in anyway ever but I guess he should’ve read the fine print.
Love the Richard Hong shoutout. He’s a great TH-cam that covers gaming law primarily and recently suffered a stroke but his recovery is going well!
I don’t think it is in the commercial sound library
no way the ad had his face. i didnt even know that was his audio until now
If Anthony didn’t upload the audio, then another point of contention will be the duration of time Anthony has spent not actively attempting to remove the audio from the library. If he knew about it, but only to action selectively to big companies while not taking any action to remove it from the library, it could look bad for him still.
Of course he didn’t. Any kind of publicity is good publicity, he’s just trying to make money off a big company
@@Jaywin228 While screwing everyone else if he ever does tho.
This is beyond "bad publicity", but he's literally claiming he doesn't care if he needs to harm every other creator out there for some money.
TikTok Sounds for Business has apparently only been launched less than six months ago. Could be that TikTok failed to obtain consent for old content and accidentally cleared it for commercial use without having an appropriate license in place. That would explain why other companies have apparently previously settled similar cases.
He can't claim ignorance either since with how popular of a meme it became it would be impossible for him not to find out
No he might legitimately not know in which case he, the copy right holder, would not have consented to putting his copyrighted produce into the library so it would be legally invalid. Idk if he'd get much out of Activision for that though since there's no way to show they knew that.
Activision is absolutely packed with high profile lawyers since the merger. I wonder which lawyer did advise Fantano to sue them.
It was she-hulk.
now this leaves me genuinely wondering who would be more likely to advise anthony fantano to sue activison... saul goodman or she-hulk?
@@Melancholy308saul knows he cant be activision bit she hulk would think girl power is enough to be a multibillion dollar company
@@collincaperton6718She would twerk against the patriarchy in the courtroom. That would show everyone.
one of Activision's
So if copyrighted known musics are at this commercial music library, then we can use them for perputuity forever?
fantano’s gonna rate activation a light 2.
the thing is, the "tiktok music critic" forgot one thing. Their a multi million dollar company, even if they where to lose the case, they could postpone the case as long as they want, and lawyers are payed by the hour, so they could technically make him lose all his money and all his savings to win this case. They are loaded, so they don't care about spending.
You have no idea how the law works
@@spicewiener7767 neither do you
Uhhhh no...thats not really how this works. They can milk him dry but not by doing that.
Nah, companies have money but it’s not just sitting around waiting to be flushed down the drain. They likely have a budget for this operation, much more than the creator does, but especially in this case where they can easily win there’s no reason for them to stall.
@@sebastianriz4703 yes... done multiple times every year by big companys against people... the lawyers will always find something to prolong cases, push courtdates back and file motions about everythig... they simply bleed you out
I love everyone immediately saying Activision is in the wrong and don’t know the situation lmao
I have brown eyes but I don't want brown eyes. my parents said if i get 2k followers they'll take me to an eye color changing surgery thing 🙏
We truly live in a society
@sorry bud, you’re gonna have brown eyes
First time?
Facts i was thinking the same thing reading the comments 😂
It also raises the question that how long has the song been in the commercial sounds library with Anthony’s knowledge, and if he was not the one who uploaded it why did he have no intention to remove it if it was knowingly being used without his consent.
Bro tried getting a quick bag without thinking it thruu
Moral of today’s story: Putting too many slices on a pizza never leads to anything good
Can't stand Anthony Fantano or Activision, so I'm just gonna grab the popcorn and see what the hell happens
For real!
As someone who has brown eyes, i hate having brown eyes. They aren't even good looking. My parents said if i get 2k followers they'll get me an eye color surgery 🥺🙏
He ranked Venomous Villain as a better MF DOOM album than Operation: Doomsday, the man has to be stopped
@Susnation532cringe
@@stephtastic4515 It's a bot
I wish they could do something about the Fair use of Copyrighted stuff and at least help creators for once. Maybe this will wake them up.
i would have to give the headlines a light 2 😂😂
A company I hate VS a youtuber I can't stand 😂
His opinion on music is 🗑️ too
Lol, same
BIG feel, Fam
Just curious, what do you guys not like about fantano? I don't really watch his content myself so I don't care either way, just wondering
@@mmmwhatchasayyyyy2021They’re mad he gave their favorite album a light 3
Should ActiBlizard be praised for not being Evil in this case?
Yes, absolutely. It's called positive reinforcement, we want to encourage the behaviour we like, and discourage the behaviour we don't.
So now we praise for doing the bare minimum?
@@seapeajones Compared to what ActiBlizzard has been doing for the last decade? Yes.
They're not gonna change tho
They're a company, not a person, positive reinforcement doesn't apply to a faceless conglomerate that's just trying to make money, especially since this lawsuit was done in their own self-interest, and not for the good of other creators and users, it just so happens that preventing abuse of copyright claims here benefits other people in addition to themselves, but let's not pretend like they're doing this for the good of others.
@@kingkami1739 To my knowledge Fantano didn't actully sue ActiBlizzard, he sent legal threats, and ActiBlizzard sued him in response, this isn't a counter-suit it's a pre-emptive suit.
I’m just glad to hear Charlie’s opinion on “WOOOOOO Yeah baby that’s what I’m talking about that’s what it’s all about “ in the CML
Is it a video thing? I could see something being brought up if the commercial "sounds" library has dubious claims to the video component.
For anyone who doesn't watch the video and jumps into the comments: Anthony wants people to pay him lots of money if you use a meme that he posted in the public domain. Activision isn't in the wrong here
He wants a large corporation profiting from his likeness to pay him for it, which is 100% understandable
From a corporate ghoul's perspective, you may be right. But morally there's a difference when a company uses that shit for commercial gain. It's extremely common for commercial licenses to be separate from casual ones; TikTok has an exploitative ToS.
@@LordHypnos4no he isn't, lol
He only wants Activision to pay him iirc, nobody else lol.
No, he wants activision to pay him. Not everyone.
If Activision titled their video “To Slice a Melon,” none of this would’ve happened.
There’s something similar with a locksmith and a home security company’s specific product. Mcnally might be the locksmith but I can’t remember.
the invisible hand at its finest
I love the irony of Activision trying to call someone else greedy lmao
takes one to know one
in this law suite Activision is 100% in the right
@@sownheard ok, and? I didn't say they were technically wrong. Why are you defending a multi billion dollar company that started this whole thing by stealing someone else's content and using it for a promotion to make money? Why are you trying to minimise the fact that they're one of the greediest, morally corrupt video game companies that exist? Context matters
@@kwoni3337Lil bro losing his mind over a corporation that will never change nor give him any mind lmao. I don’t like Activision but this comment is so corny. Like did you even watch the video ☠️they didn’t steal nothing and was under fair use. It’s cool to hate corps but don’t start crying over nothing 🤣
@@kwoni3337 how can you write "Context matters" and also say they were stealing shit which is the opposite of what happened?
I rate this lawsuit a solid 7/10
Too much water
It's uh... rough
Not good
Nah it's around 6.69/10
I....agree!
he trapped himself, anthony has to make himself lose.
Shouldn’t it be up to the brand to make sure it was the original source that uploads anything to the commercial library?
I've been a fan of Fantano for a long time so it's really strange to see him do something like this, especially when it seems like he doesn't really have a case here. I hope there are some more details that will make it make more sense but right now this kinda seems like an L for Fantano.
Not only an L, but us Melon fans will never EVER let him forget about it...
he's been an L ever since he bent over for that Fader article
@@angel_of_rust😂
@@justinsundstrom8976oh, it's not something that he will be able to forget either. I don't think activision will go easy on him.
@@angel_of_rustcontext?
I think a lot of newer creators are confused about copyright as it is and the intricacies of it. So to have, what should be, a safe place and suddenly that is not to be safe anymore, just adds to the confusion and also adds to the ways scammers can try to make money off unsuspecting people. Sometimes the bad guy is in the right.
>newer creators
It's always been the case
He knew it was there and only targeted certain companies. He also, when told about the sound library, did nothing to remove it. He opted in.
missed out on the opportunity when you said activation enthusiast,activation activist sounds way more soothing.
The fact Melon has already reportedly strong-armed a couple companies into six figure settlements is wild. I hope Activision’s lawyers absolutely bury him.
He is a bad person, crappy to his fanbase when they disagree with his points. His arguments against viewers on TH-cam or comments on Twitter exemplify that he thinks he’s smarter and better than everyone else. No shock he’s trying to abuse systems to make a ton of money.
@@Sindrella. I like it when a creator doesn't stroke off his audience like they're never wrong. Those "arguments" you're crying about are purposely put forward by the audience specifically so he can argue against them. The name of the segment is literally "let's argue". That's like saying someone roasting people who submitted themselves to a "let me roast you" video thinks he's smarter and better. You have completely missed the point.
@@ToastybeesI don’t recall any of those arguments making it onto let’s argue. They weren’t even related to a let’s argue section. Is this a misdirect? And even if they were about let’s argue, couldn’t he just cherry-pick the ones that make him look good? Cmon man you’re being disingenuous
@@Sindrella.He’s a retired meme cringe lord. Bro never grew up. That already tells you enough about a person. He’s falling off this is just desperation for money.
@@ToastybeesI like him to an extent but you gotta be real that he is a pretentious douche. That’s sort of his brand. So it can be entertaining but I’m not surprised that a guy who has a dickish personality is doing dickish stuff.