NBA Teams Counter Music Publishers' Copyright Claims, Cite License Misuse by Kobalt and Prescription Songs

NBA Teams Counter Music Publishers' Copyright Claims, Cite License Misuse by Kobalt and Prescription Songs

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 challenging recent copyright infringement lawsuits filed by major music publishers Kobalt Music and Prescription Songs. The dispute centers on the unauthorized use of music in social media videos and NBA.com clips.

The key points of contention include:

  • Publishers claim teams used unlicensed music in social media content
  • Teams argue copyright misuse by publishers attempting to extract disproportionate payments
  • Defendants cite implied license, fair use, and First Amendment protections
  • Teams claim statute of limitations has expired on many allegations

The case highlights an important distinction in social media music licensing: while platforms offer pre-cleared music libraries, these licenses typically apply to personal use only, not professional or commercial applications.

In response, NBA teams have begun using alternative music sources for their content as the new season begins, specifically avoiding works from the plaintiff publishers.

This case represents a growing trend of rightsholders pursuing commercial entities for unauthorized music use on social platforms, even when similar usage by individual fans goes unchallenged.

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