More than a dozen NBA teams are facing copyright infringement lawsuits from Kobalt and other music companies for using their music without permission in social media videos.
In a 14-count lawsuit filed in federal court on Friday, Kobalt and others accused the clubs of using copyrighted music in promotional videos on Facebook, Instagram, YouTube, TikTok and X (formerly Twitter) to “grow their viewership” and “engage their fan base.”
In the lawsuit against the New York Knicks, the music companies alleged the team used songs by “New York legends” Jay-Z and Cardi B. In the lawsuit against the Philadelphia 76ers, they allegedly used songs by Philadelphia native Meek Mill. In the lawsuit against the Atlanta Hawks, they accused the club of using songs by “Atlanta natives” Migos and Outkast.
But in both cases, the overall charge was the same: sophisticated companies stole music while knowingly paying for it.
“Defendants are well aware of the protections guaranteed by U.S. copyright law,” lawyers for the music companies said in each lawsuit.[The team] “They maximize the legal protections available to them for their own intellectual property while at the same time knowingly violating the intellectual property rights of plaintiffs.”
In addition to the Knicks, 76ers and Hawks, the lawsuit also targets the Cleveland Cavaliers, Denver Nuggets, Indiana Pacers, Miami Heat, Minnesota Timberwolves, New Orleans Pelicans, Orlando Magic, Phoenix Suns, Portland Trail Blazers, Sacramento Kings and San Antonio Spurs.
An NBA spokesman did not immediately respond to a request for comment.
Other music companies joining the lawsuit include Artist Publishing Group, Notting Hill Music and Prescription Songs.
Social media platforms like Instagram and TikTok offer a vast library of licensed music that users can add to their videos, with one important exception: these songs can't be used in commercial or promotional videos posted by brands. This type of content requires a separate sync license, similar to traditional TV advertising.
In recent years, music rights holders have cracked down on brands that blur the lines on social media. Three major record labels sued beverage company Bang Energy for using hundreds of copyrighted songs in TikTok videos, with Universal and Sony ultimately winning the case. The rights holders of the “Space Jam” song have filed several lawsuits in the past year, including against a minor league baseball team that used the famous 1990s song in a Facebook video. And earlier this month, the Beastie Boys sued the owners of Chiliz for using the song in a social media video that parodied the song's famous music video.