
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
13/08/2026
LaLiga has renewed broadcast agreements with ESPN and DSports covering Spanish-l...
13/08/2026
Three days of skateboarding competitions, live music, and other programming will...
13/08/2026
Matrox Video will showcase its portfolio of IP and software-defined technologies at IBC2026 (Booth 7.B15, RAI Amsterdam, September 11-14).
The portfolio includ...
13/08/2026
SMPTE will present expert-led sessions, professional workshops, and networking events at IBC2026. The organization will be located in the IBC2026 Owner Pavilion...
13/08/2026
Clear-Com will exhibit at IBC2026 (Stand 10.D29, September 11-14, Amsterdam), showcasing FreeSpeak Cell, Avalon IP Station, updates to Arcadia Central Station, ...
13/08/2026
Advanced Systems Group (ASG) has appointed Eran Binyamin Zeitoun as Senior Techn...
13/08/2026
Miami HEAT, Florida Panthers, Orlando Magic, University of Miami join leading vendors for a day of gameday-production talk in South Florida
The 2026 SVG Venues...
13/08/2026
NBC Sports is producing the Twins-Phillies game alongside the streamer, which is...
13/08/2026
Oracle Cloud Infrastructure (OCI) will exhibit at IBC2026 (Hall 5, Booth 5.A21, September 11-14, Amsterdam), demonstrating cloud-based workflows across low-late...
13/08/2026
Dalet will participate in the IBC2026 Accelerator Media Innovation Programme, co...
13/08/2026
Cox Media Group (CMG) has announced multi-year local broadcast rights agreements...
13/08/2026
J nger Audio will join Fraunhofer IIS and industry partners to showcase a cloud-based, DTV+-compliant workflow at SET Expo 2026 in S o Paulo, August 17-20. DTV+...
13/08/2026
IBC has announced that Olympic Broadcasting Services (OBS) will receive the Inte...
13/08/2026
NESN has partnered with WSBK-TV38 to broadcast Boston Red Sox games on August 17 and 18 over the air, extending the reach of the 24th annual WEEI/NESN Jimmy Fun...
13/08/2026
LiveU and Panasonic LUMIX have announced the Live Anywhere workflow, demonstrated at NAB 2026 and InfoComm 2026 in collaboration with Social180Group. The work...
13/08/2026
Chyron will demonstrate its sports analysis, graphics, remote production, virtual production, and venue control solutions at IBC2026 (Booth 7.A23). This year...
13/08/2026
Ratings Roundup is a rundown of recent ratings news and is derived from press re...
13/08/2026
Season tips off Oct. 20 and runs through April 11; Christmas Day, NBA Cup, All-S...
12/08/2026
Traditional live sports production has focused on creating the best possible pro...
12/08/2026
FOR-A will showcase a range of broadcast and production products at IBC2026 (Stand 2.B53, Amsterdam RAI, September 11-14), including software-based switching, A...
12/08/2026
The Advanced Media Workflow Association (AMWA) and EBU will host live demonstrations of NMOS BCP-008 Minimum Status Reporting at IBC2026 (September 11-14) on th...
12/08/2026
Dalet has announced Dalet Solution Suites, a portfolio of cloud-native solutions...
12/08/2026
Net Insight has announced that DMC Production Norway has selected its Open Live ...
12/08/2026
Zixi has appointed Alyson Stewart as Senior Director of Sales. Stewart will be responsible for direct sales and partnerships, with a focus on broadcasters, medi...
12/08/2026
LiveU's LU900Q intelligent production unit was deployed as part of the host broadcast operation for the Games in Glasgow (July 23-August 2, 2026). Host broa...
12/08/2026
Disney , ESPN, and Formula E have announced a multi-year deal bringing all Formula E races to Disney and ESPN in the U.S. and to Disney in most international...
12/08/2026
PSSI has launched X-LIVE, a managed service offering dedicated engineering resources and Appear encoding infrastructure for live event signal processing and tra...
12/08/2026
The inaugural MoonPay X Games League Summer Season reached 18.3 million unique live viewers across three stops on ABC and ESPN, a 78.5% increase compared to the...
12/08/2026
BBright will showcase an expanded IP-Gateway at IBC2026, adding support for all RIST profiles to its existing support for MPEG Transport Stream over IP with SMP...
12/08/2026
BBright will demonstrate EBU OGraf animated graphics support in its software-bas...
12/08/2026
Interra Systems will demonstrate its ORION, BATON, BATON Captions, and VEGA solutions at SET Expo 2026 (August 17-20, Distrito Anhembi, S o Paulo) at partner Li...
12/08/2026
DPA Microphones has appointed Raul Contreras as West Coast Regional Sales Manager. In the role, Contreras will oversee sales and customer relationships througho...
12/08/2026
Live spectacles ranging from the Super Bowl and FIFA World Cup to the Oscars and...
11/08/2026
Weekly immersive broadcasts will feature 8K 3D video, a 180-degree field of view...
11/08/2026
By Briana Brady, Social Media Manager, Production Hub
Sports content is having ...
11/08/2026
She addresses why media organizations need more than asset storage, how sports t...
11/08/2026
Remote commentary has improved significantly on these broadcasts
At a clip of ...
11/08/2026
A pair of LANTIME IMS M2000 PTP Grandmasters deliver resilient timing infrastruc...
11/08/2026
LTN has announced expanded capabilities for its Live Event Master Control offering, providing sports broadcasters, leagues, rights holders, and content owners w...
11/08/2026
WTA Ventures has appointed IMG as its managed production services partner in a multi-year agreement commencing with the 2027 season. The partnership is the late...
11/08/2026
The New York Jets and CBS New York have agreed to a multi-year extension of their partnership, keeping CBS New York as the official broadcast home of the team. ...
11/08/2026
Nielsen Holdings and DoubleVerify have announced a definitive agreement under which Nielsen will acquire DoubleVerify in an all-cash transaction with an enterpr...
11/08/2026
The Audio Engineering Society has announced the results of its 2026 Board of Dir...
11/08/2026
The CSN co-founder details its network and affiliate' model, how creator wi...
11/08/2026
Gravity Media is providing host broadcast operations for the Esports World Cup (EWC) 2026, supporting ESL FACEIT Group (EFG) in delivering the tournament to glo...
11/08/2026
TAG Video Systems has released a memory usage optimization for its MCM software that reduces the cost per channel by up to two-thirds for compressed workflows. ...
11/08/2026
SMT is expanding its technology partnership with the Cincinnati Open this year, adding new LED displays, production capabilities, and fan-facing experiences at ...
11/08/2026
The Pac-12 has announced that home Olympic sports broadcasts throughout the fall season will be available free on the conference's YouTube channel at youtub...
11/08/2026
Spreading a message of faith requires both widespread accessibility and uncompromising visual quality. Real Life Network (RLN), a free, faith-based digital stre...
11/08/2026
Taking the synergy of sports and entertainment a step further, the NFL venue in Nashville will house iterations of two iconic music clubs
The marriage of Taylo...