Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 24, Issue 15
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NBA Teams Sued for Copyright Infringement
By Kristyn Webb
Fourteen teams of the US National Basketball Association (NBA) have been sued in federal district court for copyright infringement. The complaints, filed by companies claiming to own rights in various musical works such as “All I Do Is Win,” “Bottoms Up,” and “Say So”, allege that the teams used these musical works on various platforms and websites without first obtaining the proper synchronization licenses.
In the music industry, a synchronization license, or sync license, generally permits a party to use a musical work as background music in a video, thus syncing the music relative to the moving images in an audiovisual piece.
Many platforms, like TikTok, offer music libraries where the sync licenses have already been negotiated by the platform on behalf of the user. Users should note, however, that different terms and conditions may apply if the user plans to use the music in content for commercial purposes. For example, using background music in a personal rendition of a viral dance video is different from using music as part of a video to advertise dance lessons.
For now, the lawsuits are in early stages. Perhaps the NBA teams will show a strong defense if they can prove their use was licensed on the various platforms via the terms of service. Otherwise, the court may call a foul on the unlicensed use.
Kristyn Webb is the Group Leader of Fishman Stewart’s Copyright Practice Group, and holds a Master’s Degree in Copyright Law from King’s College London.
Published August 23th, 2024
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