NBA teams sued by music publishers for allegedly using music without permission have fought back, accusing music publishers such as Kobalt Music Publishing and Prescription Songs of using their rights to “extort” teams.
In a separate filing on October 15 in the U.S. District Court for the Southern District of New York, the NBA team alleged that the publisher abused its copyrights and attempted to “extort disproportionate payments” from the team through threats of expensive litigation and legal fees.
The dispute stems from a lawsuit filed in July Kobalt Music, Artist Publishing Group (Publishing Department MacCallum– established independent Artist Partner Group) and other publishers sued 14 NBA teams, alleging unauthorized use of copyrighted music in the teams’ social media videos and NBA.com content.
The 14 teams are the Atlanta Hawks, Cleveland Cavaliers, Denver Nuggets, Indiana Pacers, Miami Heat, Minnesota Timberwolves, New York Knicks, New Orleans Pelicans, Orlando Magic, Philadelphia 76ers, Phoenix Suns, Portland Trail Blazers, Sacramento Kings and San Antonio Spurs.
In other defenses, NBA teams claim they have an “implied license” to use the publisher’s copyrighted works and that their use of the publisher’s music is a “fair use” under U.S. copyright law.
Some teams also argue that many of the claims are time-barred under copyright law’s three-year statute of limitations. Teams such as the Minnesota Timberwolves claim that the publisher first learned of the alleged infringement on March 8, 2021, long before the lawsuit was filed on July 18, 2024.
“According to the injury rules, [the Timberwolves’] The causes of action are barred in whole or in part because the use of the music complained of occurred more than three years before the complaint was filed.
Minnesota Timberwolves
The Timberwolves’ response also suggested that publishers may have knowingly allowed NBA teams to use music for years without action and then suddenly demanded payment.
“According to the injury rules, [the Timberwolves’] The Wolves’ legal team argued that the cause of action was barred in whole or in part because the use of the music they complained about occurred more than three years before the complaint was filed.
“Even if different rules are applied (such as the “discovery rule”), [the publishers’] The cause of action is barred, in whole or in part, because the plaintiff knew or should have known of the allegedly infringing use more than three years before filing the complaint.
The NBA team also claims that the publisher used software to create the database “allegedly used” but “refused to provide the archives” or disclose when they first discovered the alleged violations “despite repeated requests.”
The 14 teams filed lawsuits in U.S. federal court.
This case highlights the complexity of traditional music licensing models and modern social media practices. Although platforms like this Instagram offers pre-cleaned music librarythese generally exclude business users.
In recent years, many companies have been sued for using music in social media posts without proper permission. 2021, sony music Sue fitness brand gymnastics shark due to infringement Chapter 297 Recordings from commercials.
In May, Sony Music also filed a lawsuit against the hotel company Marriott Hotels international Suspected of “intentional” infringement of copyright in social media posts. The two sides reached a settlement earlier this month.
Most recently, Universal Music sued the owner of the US Tex-Mex restaurant chain Chili’s earlier this month, accusing it of infringing on its copyright in numerous social media posts.
This isn’t the first time a sports organization has been embroiled in a copyright dispute with a music company. last month, American Hockey League sued Related production music (Co-owned Sony Music Publishing and Universal Music Publishing Group) is suspected of “rampant” music copyright infringement in social media posts.
If successful, the NBA team’s argument could set a precedent for how copyright owners enforce their rights against sports teams and other commercial entities that use music in social media content.
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