Fourteen NBA teams recently found themselves on the receiving end of lawsuits filed by Kobalt Music Publishing and other music companies. Kobalt alleges the unauthorized use of copyrighted music in social media videos posted by various NBA teams on Instagram, TikTok, X (formerly Twitter), Youtube, and Facebook. Kobalt is the exclusive licensing agent for each of the Plaintiffs named in the lawsuits, and they have been notifying the music companies of the alleged infringement over the past three years. The teams named as defendants include New York Knicks, Philadelphia 76ers, Atlanta Hawks, Cleveland Cavaliers, Denver Nuggets, Indiana Pacers, Miami Heat, Minnesota Timberwolves, New Orleans Pelicans, Orlando Magic, Phoenix Suns, Portland Trail Blazers, Sacramento Kings, and the San Antonio Spurs. In the case against the New York Knicks, Plaintiffs accuse the team of using songs by Jay-Z and Cardi B. The case against the Philadelphia 76ers cited use of songs by Philly native Meek Mill. In the action against the Atlanta Hawks, the complaint alleged unauthorized use of music by the Migos and OutKast.
Unlike other copyright infringement cases stemming from an unintending consumer posting on their social media platform, the complaint filed by Kobalt seemingly assumes bad faith by defendants due to their status as a sophisticated corporate entity. The complaint states that “Defendants are acutely aware of the protections that the copyright laws of the United States” and “[the team] utilizes the full extent of legal protections available for its own intellectual property while simultaneously knowingly and willfully infringing on the intellectual property rights of the plaintiffs.” Despite the teams’ claims that the videos at issue are not for commercial or promotional use such that licensing is required, music owners have been seeking judgments against companies that blur those lines. While fair use allows for limited use of copyrighted material without permission for purposes such as criticism, commentary, and news reporting, its application in the context of social media promotions is heavily debated when companies use these songs in their content.
Social media platforms like Instagram and Twitter have become indispensable tools for sports leagues to engage with fans, share highlights, and promote their brand. However, the use of background music, even unintentionally, can trigger copyright infringement claims if proper licenses are not obtained. For sports organizations like the NBA, whose social media strategy heavily relies on visual and auditory content, ensuring compliance with copyright laws is crucial. The outcome of this lawsuit could set a precedent for how sports leagues and other entertainment entities approach the use of copyrighted music in digital content. It may prompt organizations to reassess their strategies, invest in comprehensive rights management solutions, or seek alternative ways to create engaging content without risking legal repercussions.
The cases are pending in the United States District Court for the Southern District of New York. Attorneys at Chilivis Grubman regularly advise artists, entertainers, businesses, and entrepreneurs in trademark, brand protection, and copyrights. If you need help with such a matter, contact us today.