NBA Teams Sued for Copyright Infringement

Nearly half of the NBA teams are embroiled in lawsuits in the United States, accused of using copyrighted music without authorization in promotional videos posted on their social media channels and the official NBA.com website. These lawsuits, initiated by Kobalt Music Publishing, Artist Publishing Group, and other entities, include several top-performing teams from the 2023-2024 season, such as the New York Knicks, Cleveland Cavaliers, Denver Nuggets, and Minnesota Timberwolves.

Details of the Lawsuits

The 14 lawsuits were filed in the US District Court for the Southern District of New York on Thursday. They allege that the teams "did not obtain plaintiffs' license, authorization, or consent" to synchronize copyrighted music with their videos.

For instance, the complaint against the Atlanta Hawks highlights Kobalt Music Publishing America (Kobalt) as the exclusive licensing agent for the other plaintiffs’ copyrights at issue. Kobalt claims that NBA teams have been exploiting these rights by syncing videos on various websites and social media platforms like Instagram, Facebook, and TikTok with music owned by third parties without proper authorization.

Plaintiffs and Allegations

The plaintiffs vary slightly across the lawsuits, depending on the specific songs allegedly infringed, but Kobalt Music Publishing is a consistent presence as the exclusive licensing agent for the songs involved. The legal complaints assert that NBA teams "are acutely aware of the protections that the copyright laws of the United States afford," given that they hold copyrights of their own.

Broader Context of Copyright Infringement Actions

These lawsuits are part of a larger wave of recent copyright infringement actions by major music industry players. In late June, Sony Music Group, Universal Music Group, and Warner Music Group sued AI music generator companies Suno and Udio for allegedly training their technologies on copyrighted music without permission. More recently, these three majors, along with ABKCO MUSIC, sued Verizon for what they described as "massive copyright infringement committed by tens of thousands of its subscribers."

Infringement lawsuits for unauthorized use of music in social media posts have become more common. For example, in 2021, Sony Music sued the fitness brand Gymshark for infringing 297 recordings in advertisements. In May, Sony Music filed a lawsuit against Marriott International, accusing the hotel company of "willful" infringement of copyright in social media posts.

Legal and Financial Implications

The lawsuits seek up to $150,000 per violation for direct, contributory, and vicarious copyright infringement. Depending on the number of infringements, this could amount to millions of dollars in damages for the NBA teams. The complaints emphasize that the NBA teams "utilize the full extent of legal protections available for [their] own intellectual property while simultaneously knowingly and willfully infringing on the intellectual property rights of the plaintiffs."

Social Media and Intellectual Property Infringement

The social media accounts managed by NBA franchises have vast followings. As of April 2024, the Utah Jazz's Instagram account, the least followed, had over 1.4 million followers, while the Golden State Warriors had over 32 million followers. Given this wide reach, it is unlikely that any post by an NBA team would be considered "personal use." Even if the intent is fan engagement, strong arguments exist that such posts provide financial benefits to the team and should be classified as "business use" under the Terms of Service (TOS) of these platforms.

This situation is complicated by the fact that each NBA team operates social media accounts on various platforms, each with different TOS. Teams often post Instagram stories linking to similar posts on their TikTok accounts. While the use of copyrighted music might be allowed on some platforms, it might not be on others. Litigation over TOS violations often ends in settlements, leaving users uncertain about the enforceability of such violations. Nevertheless, since TOS vary by platform, social media users must be well-informed about these rules and how to comply with them.

Conclusion

The lawsuits against the 14 NBA teams serve as a stark reminder of the need for caution when posting on social media. While individuals might commit copyright infringement, copyright holders may not always find it worth their while to police every infringement online. However, entities like the NBA cannot expect their infringements to be overlooked. As Knobbe Martens Partner Jonathan Hyman and Associate Nickolas Taylor have discussed, these lawsuits underscore the intellectual property infringement issues that frequently arise in the modern landscape of social media and the internet.