NBA Teams Counter Music Publishers' Copyright Claims with Misuse Defense

NBA Teams Counter Music Publishers' Copyright Claims with Misuse Defense

By Marcus Bennett

November 16, 2024 at 08:21 PM

Basketball game at Timberwolves arena

Basketball game at Timberwolves arena

NBA teams, including the Minnesota Timberwolves, are mounting a strong defense against copyright infringement lawsuits filed by major music publishers like Kobalt Music and Prescription Songs.

The lawsuits, filed in July, allege that NBA teams used unlicensed music in social media videos and NBA.com clips without proper authorization. While social media platforms offer pre-cleared music libraries, these licenses typically apply only to personal use, not professional or commercial purposes.

The Timberwolves' defense centers on several key arguments:

  • Copyright misuse by publishers, who allegedly attempted to "extort disproportionate payments" through threats of legal fees
  • Possession of an implied license to use the works
  • Fair use protection under copyright law
  • First Amendment protections
  • Time-barred claims, arguing publishers should have known about the usage earlier

The case highlights an important distinction in social media music usage: while individual fans posting team-related content with copyrighted music typically face no consequences, professional sports organizations are held to stricter standards.

As the NBA season begins, teams have adjusted their social media strategy, with the Timberwolves now using lesser-known music releases unconnected to the plaintiff publishers.

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