
Music Publishers Call Foul' on Sports Teams and Leagues - Again NBA, AHL, MLS teams allegedly infringed on copyrighted recordings, mostly on social media By Dan Daley, Audio Editor
Monday, October 28, 2024 - 10:53 am
Print This Story | Subscribe
Story Highlights
Sports and music have been a couple that has grown ever closer over the past few decades. However, like many couples, they have often ended up in lawyers' offices.
In July, 14 NBA teams - including the Atlanta Hawks, Miami Heat, New York Knicks, Philadelphia 76ers, and Portland Trail Blazers - were sued for copyright infringement by music publishers, including Kobalt Music Publishing and Artist Publishing Group.
The lawsuits allege that the NBA teams used copyrighted music in social-media videos and on their official NBA websites without the copyright owner's permission. The music was used to promote team activities and products and to increase viewership and engage fans. Among the songs used in the videos are Don't Start Now by Dua Lipa (posted to the Knicks' TikTok account), One Dance by Drake (the Minnesota Timberwolves' Instagram and Twitter accounts), and Party in the U.S.A. by Miley Cyrus (the Trail Blazers' website). Other artists whose intellectual property (IP) was allegedly infringed on include Jay-Z, Cardi B, OutKast, Migos, Jason Derulo, Nicki Minaj, Austin Mahone, Busta Rhymes, Migos, and Pitbull.
The plaintiffs in the NBA teams suits include Kobalt Music Publishing America; Artist Publishing Group; MXM Music; and Prescription Songs. Many of the videos cited are no longer available.
APM Music Sues AHL and Others More recently, on Sept. 12, APM Music filed suit against the American Hockey League (AHL) for alleged rampant copyright infringement of music on its teams' social-media posts. Also named as defendants in the lawsuit, which was filed in California, were companies that operate nine teams: Utica Comets, Hershey Bears, Ontario Reign, Syracuse Crunch, Tucson Roadrunners, Colorado Eagles, Cleveland Monsters, Rockford IceHogs, and Belleville Senators.
In court documents, APM said that it had repeatedly contacted the AHL regarding the recordings but the league has refused to obtain proper licenses or admit wrongdoing. APM Music listed more than 100 examples of its music's allegedly being used by the AHL and teams without permission, including two instrumentals used to score videos: Stonewash and Sodas by Tom Huxley and Alex Johnson and Gleaming Shores by George Stephenson.
APM, which is jointly owned by Sony Music Publishing and Universal Music publishing (neither of which is named as a plaintiff), has taken a lead position in providing royalty-free original production music for teams and leagues, including MLB and the NHL, as well as helping those teams and leagues manage their music-copyright uses.
Though unable to speak to the ongoing litigation, APM VP, Sports Entertainment, Matthew Gutknecht does note the benefit of the company's licensing arrangements with MLB, the NHL, and, most recently, the NWSL, which concluded this year: These league-wide deals have been so fantastic, he says, because not only does it help increase the creative resources for [them] but it helps protect the team and the leagues, and the league from the teams.
He adds that APM has a current initiative - refresher courses, so to speak - aimed at both professional and college teams, and the leagues they work with, to explain copyright regulations and to underscore the resources around that. Making sure everyone is aware of the resources that they have [with us], whether it's on the service side or the music side or the legal or the tech side.
Statutory Damages Each NBA team was named in a separate complaint, but the complaints made the same allegations. Each team is being sued for three separate causes of action for copyright infringement: direct copyright infringement, alleging that the teams used certain songs without getting a license from the respective publisher; contributory copyright infringement, alleging that the defendants knowingly contributed to and participated in the distribution of these videos by third parties; and vicarious copyright infringement, seeking to impose secondary liability and holding the teams accountable for further infringements by third parties.
Each case is seeking up to $150,000 in statutory damages for each infringement, return of profits received, an injunction against further infringement, and attorney's fees. Given the scale of the alleged breaches, each team faces potential liability in the millions of dollars.
Kobalt's complaint underscores the fact that the teams and leagues vigorously pursue protection of their own IP (most sports broadcasts are preceded by a disclaimer that the content is owned by the league), the broadcast rights to which they have collectively paid billions of dollars, while knowingly and willfully infringing on the intellectual-property rights of the plaintiffs.
More Streaming, More Litigation This type of litigation has increased in recent years as the number of streaming outlets around sports has proliferated, and APM has been involved in some of them. In 2013, for instance, the company sued several MLS teams and other defendants for copyright infringement in California. The lawsuit - which has been settled, although terms have not been disclosed -accused the defendants of using the plaintiff's copyrighted musical compositions on their social-media platforms to promote their commercial activities without authorization.
In the past, teams and leagues have asserted that their use of copyrighted music on social media and other media outlets constitutes fair use, a legal doctrine that allows use for such applications as criticism, commentary, and legitimate news reporting. That defe
More from Sports Video Group
09/12/2025
2025 Sports Broadcasting Hall of Fame: Pam Oliver, Sideline Icon Who Redefined t...
09/12/2025
SVG Summit 2025 Technology Exhibits Preview, Part 2By Jason Dachman, Editorial Director, U.S.
Tuesday, December 9, 2025 - 7:17 am
Print This Story | Subscr...
09/12/2025
SVG Summit 2025 Preview: Cloud Production Workshop Spotlights Live and Non-Live ...
09/12/2025
Next-generation content protection: Multi-technology security is integral to com...
09/12/2025
CBS Sports Provides One-of-a-Kind Production' for UEFA Champions League Cro...
09/12/2025
Spanish Professional Basketball League Relies on NETGEAR AV, MAM Tech for Seamle...
09/12/2025
SVG Sit-Down: St. Thomas's Mike Gallagher and Casey Eakins on the Tommies...
09/12/2025
Free Registration for the 2025 SVG Summit Closes Today at 5 p.m. ET!After the deadline, tickets will cost $150 to attend the eventBy SVG Staff
Tuesday, Decemb...
09/12/2025
University of St. Thomas Ushers in Division I Era With New Arena and a Broadcast...
08/12/2025
SVG Summit 2025 Technology Exhibits Preview, Part 1By SVG Staff
Monday, December 8, 2025 - 6:56 am
Print This Story | Subscribe
Story Highlights
The 2025...
08/12/2025
2025 Sports Broadcasting Hall of Fame: Bill Rasmussen, the Entrepreneur Who Drea...
08/12/2025
SVG Summit 2025 Preview: Live Production Innovation Workshop Goes Deep on ST 211...
08/12/2025
#GALSNGEAR Announces East, West Leadership Retreats for 2026By Ken Kerschbaumer
Monday, December 8, 2025 - 9:10 am
Print This Story | Subscribe
Story High...
08/12/2025
MediaKind Acquiring Harmonic's Video Business to Create New Streaming-Video ...
08/12/2025
Platinum White Paper: Sony HDR/SDR Camera Shading Techniques for Live Production...
08/12/2025
SVG Sit-Down: NESN's Kenny Elcock and Harmonic's Jean Macher Talk Next-G...
08/12/2025
Monsters Funday Football,' ESPN's Latest Live Animation Effort, Advances...
08/12/2025
SVG Sit-Down: ESPN Director Jeff Nelson on Calling the (Animated) Action on Mon...
08/12/2025
Monsters Funday Football': Louisiana Philharmonic Delivers Again With Orches...
05/12/2025
2025 Sports Broadcasting Hall of Fame: Curt Gowdy Jr. - Master Storyteller, Nati...
05/12/2025
SVG Sit-Down: Veritone's Sean King on the Power of Mining Video, Audio DataThe company's Data Refinery offers users total control and governance over da...
05/12/2025
Platinum White Paper: Inside the Nashville Predators' Unified, Flexible, Sca...
05/12/2025
Netflix Reaches Agreement To Acquire Warner Bros. Following Planned WBD SplitThe deal does not include WBDs sports assets like TNT Sports (US, UK, LatAm), Euros...
05/12/2025
FOX Sports Returns to Indianapolis for Primetime Broadcast of Big Ten Championsh...
05/12/2025
SVG Summit 2025 Preview: Digital Engagement & Monetization Workshop Tackles the ...
05/12/2025
Atlanta United Lights Up New Emory Healthcare Studio With First Live Broadcast f...
05/12/2025
As Messi Takes the Pitch, MLS, Apple, NEP Roll Out Largest MLS Cup Production Ev...
05/12/2025
ESPN Enters College Football's Most Intense Month With Elevated Workflows fo...
04/12/2025
SVG Sit-Down: ProximaVision's Claudio Lisman on Why Tethered Drones Could Be...
04/12/2025
SVG Campus Shot Callers: Imry Halevi, Senior Associate Director of Athletics, Co...
04/12/2025
Platinum White Paper: LiveU Lightweight Sports Production: A Step Change in Spor...
04/12/2025
London to Riyadh: DAZN brings the boxing glamour to new production levels for Be...
04/12/2025
Analysis: Paramount bets on the battering ram' with Champions League play By Callum McCarthy, Editor-at-Large
Tuesday, December 2, 2025 - 10:12
Print ...
04/12/2025
Space City Home Network Launches SCHN DTC App for Astros and RocketsThe Rockets and Astros were previously the lone NBA and MLB teams without a DTC appBy Jason...
04/12/2025
SVG Summit 2025 Preview: Content Workflows Workshop Spotlights Evolution of Spor...
04/12/2025
New Sponsor Spotlight: Geotech's Patrick Wambold On the Unreal Engine Revolu...
04/12/2025
Curt Gowdy Jr. - Master Storyteller, Nationally and RegionallyBy Jason Dachman, Editorial Director, U.S.
Thursday, December 4, 2025 - 1:52 pm
Print This Sto...
03/12/2025
MLS Cup 2025 Production To Feature Four iPhone 17 Pros as Game-Coverage CamerasStay tuned to SVG on Friday for our in-depth story on this year's MLS Cup pro...
03/12/2025
SVG LIVE! 2025: All Sessions Now Available to Watch on SVG PLAYThe inaugural event placed a spotlight on the exciting world of live entertainmentBy SVG Staff
...
02/12/2025
Case Study: How Mid-Atlantic Sports Network Moved to All-IP Distribution in 60 D...
02/12/2025
2025 Sports Broadcasting Hall of Fame: Lee Corso, Coach, Commentator, FirebrandBy Ken Kerschbaumer
Tuesday, December 2, 2025 - 7:00 am
Print This Story | S...
02/12/2025
SVG All-Stars: Dan Nabors, Senior Director, Remote Engineering, TNT SportsThe veteran tech leader is helping guide Warner Bros. Discovery's at-home' re...
02/12/2025
Epic rematch: DAZN on bringing Eubank Jr v Benn II to spectacular life with 1080...
02/12/2025
National Lacrosse League Opens Season With New Cloud-Based Official Replay-Revie...
02/12/2025
Platinum White Paper: The Cinematic Look in Live Production - Bridging Aesthetic...
02/12/2025
SVG India Announces Advisory Board; JioStar's Prashant Khanna Named ChairmanBy Ken Kerschbaumer
Tuesday, December 2, 2025 - 11:15 am
Print This Story |...
02/12/2025
SVG Summit 2025 Preview: New AI Production Tools Workshop' Features ESPN, F...
26/11/2025
SVG Sit-Down: Prime Video EP Mike Muriano Previews Massive Black Friday Slate Fe...
25/11/2025
SVG All-Stars: Blayke Scheer, Senior Director, Creative Content, YES NetworkThe Indiana alum has turned storytelling into an artform for more than two decadesBy...
25/11/2025
Op-Ed: With FCC's C-Band Auction on the Horizon, Broadcasters Need Proven, C...