Nearly half the NBA is headed to a different kind of court.
Independent music labels, such as Kobalt Music, Artist Publishing Group, and Prescription Songs, are suing 14 teams for copyright infringement, alleging teams used songs in social media videos without their permission, including the Knicks, Sixers, and Suns.
The lawsuits were filed in 14 separate cases by the same attorneys Friday. The five companies accused each team of using copyrighted music on social media to “increase viewership” and “engage its fanbase.”
Spokespeople for multiple teams named in the lawsuit and the NBA league office did not immediately respond to Front Office Sports’ requests for comment.
Each case is seeking up to $150,000 in damages for each infringement, an injunction against further infringement and attorneys fees. Totaled up among the 14 teams and the plaintiffs could be rewarded millions of dollars, depending upon the total number of posts that qualify for infringement.
While the 14 lawsuits are all slightly tailored for each team, the main allegation is the same: Teams stole music they knew they were supposed to pay for. The case against the Knicks specifically accuses them of using songs by “New York legends” Jay-Z and Cardi B. The complaint against the Hawks mentions “Atlanta’s own” OutKast and Migos.
The lawsuits also target the Cavaliers, Magic, Nuggets, Blazers, Pacers, Heat, Timberwolves, Pelicans, Kings, and Spurs.
Social media platforms such as Instagram provide massive libraries to allow users to add music to their posts, but the feature comes with a caveat: The content can’t be used for commercial or promotional purposes.
Labels have sued over their copyrights before. Bang Energy was sued by Universal and Sony for using hundreds of copyrighted songs in TikTok videos and were successful in court. The Beastie Boys recently sued the owner of restaurant chain Chili’s for using their famous song, “Sabotage,” in social media clips that did a bit off its famous music video.
“Defendants are acutely aware of the protections that the copyright laws of the United States afford,” lawyers Anthony Motta, Douglas Johnson, and Dan Lifschitz for the music companies wrote in each lawsuit, all of which were filed in the Southern District of New York. “[The team] utilizes the full extent of legal protections available for its own intellectual property while simultaneously knowingly and willfully infringing on the intellectual property rights of the plaintiffs.”
