14 NBA Teams Targeted in Copyright Lawsuits Filed by Music Publishers
On Friday, July 19, a series of lawsuits were filed in the Southern District of New York by music publishers, including Artist Publishing Group and Kobalt Music Publishing America, against 14 NBA teams. The lawsuits claim that these teams used copyrighted music without authorization in videos posted on various social media platforms.
The plaintiffs, which also include Notting Hill Music and Dr. Luke’s Prescription Songs,
allege straightforward copyright infringement by the NBA teams. The teams targeted in the lawsuits are the Cavaliers, Knicks, Pacers, Heat (only by Kobalt and MXM Music), Trail Blazers, Hawks, Magic, Kings, Pelicans, Spurs, 76ers, Suns, Nuggets, and Timberwolves. While this list is confirmed, the varying plaintiffs and complexities mean that some cases may not be accounted for, with reports identifying between 12 and 15 actions.
According to the lawsuits, the plaintiffs learned from Kobalt that the defendants used protected compositions without permission on a variety of consumer-facing platforms. For the Knicks, these platforms include TikTok, Facebook, Instagram, and NBA.com. Although the league itself isn’t named as a defendant, the 23 videos in question, which were linked in the suits, appear to have been removed at the time of writing. These videos allegedly featured unapproved use of songs by artists like DaBaby, Machine Gun Kelly, Charli XCX, and Dua Lipa.
The plaintiffs are seeking substantial damages for alleged direct, contributory, and vicarious infringement.
The lawsuits underscore the necessity of obtaining proper licenses for all videos uploaded to and hosted on the NBA’s official website and other business websites. This requirement applies even more stringently to social media platforms like TikTok, where the available song libraries are cleared only for personal use, not commercial.
This situation is reminiscent of past legal battles where music publishers have sued companies like Peloton and Roblox
for alleged compositional infringement. The issue of using music in videos on social media platforms remains complex and serious. Many companies have learned the hard way that unauthorized use of music can lead to significant legal consequences.
Earlier this month, the Beastie Boys filed a copyright complaint against Chili’s parent company for allegedly using “Sabotage”
in a social media video without permission. Similarly, in May, Sony Music sued Marriott for the unlicensed use of their music. These cases highlight the ongoing challenges and legal risks businesses face when using copyrighted music in their online content.