Clowns. It's fair sure but they are using for an AD which is to make money. Pretty sure that will be seen as difference.
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did he make a rule or have a contract saying not for commercial use?
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"Fair Use" actually does not usually pertain to anything related to commercials or advertising usage. I'm pretty sure you most often need consent.
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if he didn't make a rule or TOS saying it was not allowed then they should be able to use it how they wanted
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Let's admit that it's hilarious that this time the big, huge corporation is the one saying "chill out, bro. Music should be free, man. Let's sing along together"
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Hmm, let me translate that in a single word: "money".
Long story short: X used Y to make money and Y demanded X money for X making money of Y.
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I don't see a problem here. Activision used tiktok's TOS properly, another popular creator threatened them and tried to blackmail them into giving him large amounts of money, and then he got sued for it. The guy tried to get fame and start drama off them to get more popular and they didn't take it.
Am I just supposed to hate activision because it's activision? Sure there's plenty of things I dislike about activision, like them not putting their old games from like 2004 on a realistic discount on steam, but they didn't do anything wrong in this case.
I mean the guy went out of his way and made that specific part of audio available for others to use in their clips. He wanted that piece of audio to get popular and gave others permission to use it, on top of tiktok's TOS which already does. As soon as a big corpo used it, he lost his mind like how dare they and tried to cash in. Activision also removed the videos in question. So it's not like they didn't give a damn about him not wanting them to use it, but he still didn't stop.
Am I wrong?
This whole influencer thing got to the point where it's so high up their heads, they actually think they provide a service to the world like they're fixing climate change or some shit while not realizing they are some of the most useless beings out there and they often add negative value to anything they do.
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This is basically how I understood as well.
He wanted that piece of audio to get popular and gave others permission to use it, on top of tiktok's TOS which already does. As soon as a big corpo used it, he lost his mind like how dare they and tried to cash in.
He thought he got lucky, pushed the house, but the house always wins.
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This is a big part of why tiktokers get so popular so fast, but have no success anywhere else. Since the platform basically covers you by using others` content, of course millions of clips using the same sound clip from someone else emerge, with millions and millions of reposts, etc. When they take that content to youtube, twitch or other platforms, it more than often gets dmca'd, copyrighted, audio gets removed or swapped, demonetized, etc. So yeah, tiktok doesn't pay much as a platform, but that's because the content is basically CC0 on their platform. That wont work on other platforms though because advertisers ain't gonna really pay for that.
He tried to bend tiktok's rules to his own liking, and is going to have a fun time, cause even with the constantly bad games at activision, they still have enough money to keep him going to court for the next 300 years just for fun.
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so basically whoever this "moron" is is fine for the clip to be used for free unless you have money then it's pay pay pay - what a loser not even a TOS saying not for commotional use
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Everyone here basically taking Acti-shits sides is hilarious. If this was ANYTHING involving your games or gaming you'd be picking up burning pitchforks. Look at the Ubi thread the other day, and it was misinformation on top of that. SMDH
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Yes. Fair use does not cover ads or basically anything you can use to make money or sell. I'm not saying he was right by trying to sue them or try to get money but they are an evil corporation so F'em.
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Right, I mean say what you want about Tiktok content, but any content creator should be compensated fairly if a company is using their content to make money. I doubt people would be so quick to take the company's side if it was, say, an artist suing Walmart for putting their art on a shirt and keeping the proceeds.
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If the artist offered their art for free, I don't see why there's a problem though. In this specific case, this guy put his song for anyone out there to use it. He wanted it to get popular. It turns out his intention was to get it just so popular that he can then capitalize greatly on it from any company that he considered big enough that would want to use it. I don't think he gave a damn if a lawn mower company with 20 employees used it. He just wanted to get paid by activision but he made his content free.
Also, walmart has been selling shirts which are made with free artwork, not sure if made by themselves, but 100% by vendors using walmart to distribute said art. So did amazon and whoever else on planet earth. Dropshipping for instance, like 99% of those products that actually make it are copyright free products hence why you see them everywhere.
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Well according to this Kotaku article the author of the meme has posted the audio on something called "TikTok’s “Commercial Sounds”"
Interestingly, though, Activision’s lawsuit alleges that Fantano himself opted to put the clip in TikTok’s “Commercial Sounds” library, specifically designating it as usable in advertisements.
Which if we look into the TikTok Commercial Sounds help article companies can use it for marketing/advertising.
The Commercial Music Library is for TikTok users that use TikTok for marketing, advertising, sponsorships, endorsements, or publicity, including official brand accounts, their promotional partners and creators, NGOs, and government organizations. You can also use the Commercial Music Library for organic and paid content.
Now it is a function only available to "Business accounts" and not to "Creator" ones, which maybe Activision didn't activate, though I really doubt it.
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Either way, tiktok's tos allows users to use any content on tiktok in their transformative videos(of course if that content is stolen you could still get flagged, but that was his content, and he uploaded it, so he gave his okay). He gave explicit permission from the start, and then he uploaded it to some other sounds library as well reinforcing that for business accounts. Since it was also uploaded by him to a library where just general users(not business accounts) could access and use it in their videos, I guess he gave permission every single way.
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Activision owns Crash Bandicoot don't they?
Is the meme creator earning an income, before, or more importantly, now that he's famous for making the Crash Bandicoot meme?
If yes and yes, then said meme creator must take into consideration that Activision didn't sue them first.
I'm not taking sides, just trying to be logical about the whole thing.
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It wasn't the creator that made the Crash Bandicoot meme, he just had a sound. Activision made the promotional ad for some sneakers and as the audio they added his sound, which he uploaded to various sources on tiktok giving permission.
He wanted it to get popular, but just popular enough that a company would use it and pay for it, but he gave them permission, so they didn't and he got upset, but they aren't in the wrong.
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The thing about this is that just because a company puts something in their TOS it doesn't automatically make it The Law. It's a similar thing with contracts... for instance if I'm a shitty landlord and get someone to sign a lease that says "I can kick you out whenever I want with no notice" but there's a law that says they must go through a process of eviction, that lease won't hold up in court. I don't know enough about the legalities here to say who's got the law on their side, but it will be interesting to see how it plays out. I'd imagine there's not a lot of precedent.
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I don't know about that. If you willingly decided to upload your content to a site which told tells it's their policy that the content you upload will be available for others to use in their content, you're gonna have a hard time in court to say "well yes, I agreed to their terms since I made an account, I understood the content I uploaded would be used for such purposes, I still uploaded my content to be used for said purposes, I gave my permission for said content to be used in said manner, not just by signing up and putting the content up, but also by additionally making my content available in a library for others to use as they wish, but actually it was all a prank, I just wanted to get famous and try and capitalize on it and get rich easy". Not sure who's gonna give a damn.
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"Here's my content for all you amazing TikTok users!" "Not you Activision, because... reasons!"
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"Viral TikTok Meme Creator" and "Useful members of society" will never intersect on my Venn Diagram of Life.
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This is exactly how I feel about it too. Said it in my other comment but: "This whole influencer thing got to the point where it's so high up their heads, they actually think they provide a service to the world like they're fixing climate change or some shit while not realizing they are some of the most useless beings out there and they often add negative value to anything they do."
I'm excited to see progress for AI and then we can have AI influencers and hopefully it slows or kills this entire thing. I'm hoping once AI is more advanced we can spam left and right with AI influencers making them useless. It's going to be extra hard to get rid of big influencers since they get paid so ridiculously much they're basically set for many lifetimes. Hopefully there's some arc of redemption they all feel in like 10 - 20 years where they feel like they must add some value to society and do something with the luck they've had, but likely they're going to be the people who walk into a grocery store and complain there's not employees around and brag how they are self made.
The problem honestly is advertisers. It's all big companies who I wish would rather try to invest into how to make their product more affordable for their users or other useful things like helping society in some sort of way. But they're too busy giving money to people who would rather not work a real job, so it's basically big corpos paying people who want to be unemployed, and also big corpos them complaining that people in the workforce doesn't work extra hard for the dream or some shit.
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though i relish any inconvenience for Activision.The scheme was not well thought out.
Doesn't this guy make enough money on...well, everywhere, dude had a channel on YT called Theneedledrop, but Fantano is starting to look like a corporation these days, he is even on tiktok?good lord...
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"Activision is suing TikTok creator Anthony Fantano (aka "Needletok" or "The Needle Drop") in an effort to stymy the video maker's recent legal threats over Activision's use of his content in a Crash Bandicoot video.
Per the official complaint filing, Activision's lawsuit pertains to a TikTok of Fantano's from 2021 dubbed the "Slices Video," which went viral at the time. In the following years, Activision claims "hundreds of thousands" of TikTok users have incorporated audio from said video into their own TikTok (generally the "It's enough slices!" meme), something that Fantano is claimed to have celebrated and even boasted about in a subsequent video.
However, Activision goes on to claim that when the company attempted to use Fantano's audio in its own TikTok about Crash Bandicoot sneakers, Fantano claimed it constituted a "false endorsement" of the sneakers and could mislead viewers into thinking he approved of or was otherwise connected to the sneakers, in violation of the 1946 Lanham Act. Activision says that Fantano has demanded that Activision pay him "substantial" monetary damages, or he will sue, despite Activision having since taken down the clip.
Activision claims its use of Fantano's audio is protected by TiKTok's Terms of Service, which state that users "may...extract all or any portion of User Content created by another user to produce additional User Content." Additionally, the suit notes that Fantano made the audio available in TikTok's audio library deliberately for others to use. The company seeks a statement from the court declaring that Activision is not in violation of the Lanham Act nor of violating Fantano's rights of publicity.
Fantano has yet to issue a response or comment on the situation."
https://www.ign.com/articles/activision-sues-viral-tiktok-meme-creator-after-using-their-content-in-crash-bandicoot-ad
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