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
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.
As athletes chase Olympic glory, the International Olympic Committee (“IOC”) is fighting a different battle, one over public perception and trademark law.
Golf is entering a data driven era, and the 2026 PGA Show showed that the most important IP in the game is shifting.
When it comes to Super Bowl fashion, jerseys are always in, but only the kind that are authentic and officially licensed.
Giving credit to an author is a nice gesture, but not knowing the rules can get you into trouble.
The shift from “owning a thing” to “holding a key” changes everything about how we consume media - and it brings us to a critical showdown in the world of IP.
In recent years, companies have gravitated toward a visual trend: the minimalist logo. While some critics dismiss the trend, the shift toward minimalism is rooted in something else other than fashion.
When the Oakland Athletics announced plans to relocate to Las Vegas in 2028, many fans were excited. But the U.S. Patent and Trademark Office (USPTO) recently threw a curveball by refusing the team’s trademark applications for “Las Vegas Athletics” and “Vegas Athletics.”
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
