NBA teams sued by music publishers over alleged unlicensed use of music have hit back, accusing music publishers like Kobalt Music Publishing and Prescription Songs of leveraging their rights “to extort” from the teams.
In separate filings with the US District Court for the Southern District of New York on October 15, the NBA teams claimed that the publishers engaged in copyright misuse by attempting to “extort from the Team disproportionate payments” through threats of costly litigation and attorneys’ fees.
The dispute stems from a July lawsuit filed by Kobalt Music, Artist Publishing Group (the publishing arm of Mike Caren-founded indie Artist Partner Group), and other publishers against 14 NBA teams, alleging unauthorized use of copyrighted music in the team’s 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.
Among other defenses, the NBA teams claimed that they “possessed an implied license” to use the publishers’ copyrighted works and that their use of the publishers’ music was “fair use” under US copyright law.
Some of the teams also argued that many of the claims are time-barred under copyright laws’ three-year statute of limitations. The Minnesota Timberwolves, among other teams, alleged that the publishers were first made aware of the alleged infringements on March 8, 2021, well before the lawsuit was filed on July 18, 2024.
“Under the injury rule, [the Timberwolves’] causes of action are barred, in whole or in part, because the uses of music for which they complain occurred more than three years prior to the filing of the Complaint.”
The Minnesota Timberwolves
The Timberwolves’ response also argued that the publishers may have deliberately allowed the NBA teams’ music use through years of inaction before suddenly demanding payment.
“Under the injury rule, [the Timberwolves’] causes of action are barred, in whole or in part, because the uses of music for which they complain occurred more than three years prior to the filing of the Complaint,” the Timberwolves’ legal team argued.
“Even if a different rule (e.g., the “discovery rule”) were applied, [the publishers’] causes of action would be barred, in whole or in part, because Plaintiffs either knew or should have known about the allegedly infringing uses more than three years prior to the filing of the Complaint.”
The NBA teams also allege that the publishers employed software to create a database of “accused uses” but have “refused to produce the Archive” or disclose when they first discovered the alleged violations “despite numerous requests.”
The 14 teams are each challenging separate lawsuits, all filed in US federal court.
The case highlights the complexity of traditional music licensing models and modern social media practices. While platforms like Instagram offer pre-cleared music libraries, these typically exclude commercial users.
In recent years, a number of companies have been hit with lawsuits over the use of music in social media posts without securing proper permission. In 2021, Sony Music sued fitness brand Gymshark for infringing 297 recordings in ads.
In May, Sony Music also lodged a lawsuit against hotel company Marriott International over the alleged “willful” infringement of copyright in social media posts. The two parties reached a settlement earlier this month.
Most recently, Universal Music sued the owner of US Tex-Mex restaurant chain Chili’s earlier this month for allegedly infringing its copyrights in numerous social media posts.
This isn’t the first time that a sports organization has been entangled in a copyright dispute with a music company. Last month, the American Hockey League was sued by Associated Production Music (jointly owned by Sony Music Publishing and Universal Music Publishing Group) for alleged ‘rampant’ copyright infringement of music in social media posts.
If successful, the NBA teams’ arguments could set a precedent for how copyright holders enforce their rights against sports teams and other commercial entities using music in social media content.
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