Sports Teams Defend Themselves Against Copyright Infringement Allegations

Fourteen NBA teams accused of illegally synchronizing copyrighted songs with videos they post on social media websites are fighting back, claiming they are the victims of "copyright misuse." The teams have filed answers to lawsuits brought by music publishers, denying any wrongdoing and raising several affirmative defenses, including the expiration of the statute of limitations and the principle of fair use.

Unlocking the Melody: NBA Teams Accused of Copyright Infringement

Lawsuits Allege Unauthorized Use of Copyrighted Music

The lawsuits, filed in the Southern District of New York, accuse the 14 NBA teams of copyright infringement for using songs by popular artists such as Britney Spears, Justin Bieber, Doja Cat, and Bad Bunny in their social media posts. The plaintiffs, which include Kobalt Music Publishing American (KMPA) and other companies that own or have licensed interests in the songs, are demanding licensing fees, damages, and an injunction to prevent further unauthorized usage.

Teams Claim "Copyright Misuse" by Plaintiffs

In their defense, the NBA teams, represented by attorneys from Barnes & Thornburg LLP, argue that they are the victims of "copyright misuse." They claim the plaintiffs have tried to "extort disproportionate payments" as compensation for the alleged infringement and have made "threats of attorneys' fees" in what the teams describe as a "music rights stickup." The teams also accuse the plaintiffs of refusing to share data that would reveal the full scope of the music at issue.

Statute of Limitations and Fair Use Defenses

The teams raise several other affirmative defenses, including the expiration of the relevant three-year statute of limitations and the principle of fair use. They argue that the plaintiffs were aware of the teams' music use as early as February 2021, but only filed the lawsuits in July, after the statute of limitations had passed.Regarding fair use, the teams contend that their use of small clips of music was for the purpose of informing and engaging their fan bases, increasing viewership, and marketing their products and services. If the teams can establish that their use of the music was transformative and did not significantly impact the sales of the original works, they may be able to successfully invoke the fair use defense.

The Battle for Music Rights in Professional Sports

The NBA music cases are not isolated incidents. Similar lawsuits have been filed against the American Hockey League and nine AHL teams by Associated Production Music, a production music company, over the same issue of using copyrighted songs in teams' social media posts. These cases highlight the ongoing tension between professional sports organizations and the music industry over the use of copyrighted material.As the legal battles continue, the outcome of these cases could have far-reaching implications for how professional sports teams engage with and utilize copyrighted music in their digital content and marketing efforts. The teams' defenses, if successful, could set a precedent for the fair use of copyrighted material in the sports industry, while the plaintiffs' pursuit of licensing fees and damages could shape the future of music licensing agreements between sports organizations and the music industry.