Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 24, Issue 15
Share on Social
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
Related Content from Fishman Stewart
The FIFA World Cup is global football (or soccer) at its highest level. It is, however, also one of the most carefully crafted displays of intellectual property (IP) in the world.
Trademark owners are often cast as villains when they send cease-and-desist letters. But in trademark law, failing to enforce rights can sometimes create bigger problems than enforcing them.
Women’s sports are having a moment, and not a small one. And right alongside that rise: the business of women’s sports is heating up, including some surprisingly dramatic trademark battles.
The idea that someone might “own” a piece of DNA raises a slightly uncomfortable question: can you really patent something that exists inside all of us?
Forbes reported that more than 1.5 million bots on an AI agent-driven social network appear to have created a new religion for themselves, the Church of Molt, with congregants adopting the name of “Crustafarians.”
Every March, college basketball players get an opportunity to become household sensations overnight. In today’s NIL (Name Image Likeness) era, that moment can be a once-in-a-lifetime business opportunity.
Behind the shamrocks and celebrations of St. Patrick's Day lies a surprisingly rich intersection with intellectual property.
Last week, PEI Licensing, LLC., the owner of the ORIGINAL PENGUIN brand (also known simply as PENGUIN) sued Pudgy Penguins Inc. in federal court in Florida over their respective penguin trademarks.
Matthew McConaughey recently obtained several trademark registrations with the U.S. Trademark Office in an effort to digitally capture and protect his entire persona.
Patents enable others to learn from, build upon, and improve the disclosed invention effectively. However, some have questioned whether they still work in today’s artificial intelligence (AI) landscape.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
