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Photo Credit: Phoenix Suns by Michael Tipton / NBA / CC by 2.0
A pre-trial conference for the publisher lawsuit involving the Phoenix Suns is slated for October, while the rest of the 13 NBA-related cases are likely to be consolidated into an umbrella suit.
The lawsuits levied against NBA teams by several music publishers allege the teams are using their music without permission. Now, those suits are quickly heating up, with at least one of the cases — the litigation involving the Phoenix Suns — slated for an October tip-off.
The other 13 filings against teams including the New York Knicks, Orlando Magic, Cleveland Cavaliers, Indiana Pacers, Denver Nuggets, Minnesota Timberwolves, Atlanta Hawks, Miami Heat, New Orleans Pelicans, Philadelphia 76ers, Portland Trail Blazers, Sacramento Kings, and San Antonio Spurs seem likely to face consolidation into a single over-arching lawsuit.
Notably, in each of the cases aside from that involving the Phoenix Suns, dockets viewed by DMN currently show a “Notice of Case Assignment/Reassignment” with references to other emerging cases. This strongly implies that the cases will be consolidated into a single lawsuit, given their similarity to one another.
A consolidation action could take place in the US District Court for the Southern District of New York, which is also handling the Phoenix Suns trial, though it’s yet unclear who will adjudicate, as well as an exact list of publisher plaintiffs.
The publisher plaintiffs thus far include Kobalt Music Publishing, Artist Publishing Group, and Prescription Songs. The lawsuits allege that the teams have used their music without permission, and are seeking $150,000 in damages for each infringement. Some of the songs used without permission include those from Cardi B, Jay-Z, Migos, OutKast, Busta Rhymes, DJ Khaled, and Shaquille O’Neal.
It’s worth mentioning that the legal action precedes Comcast president and NBCUniversal CEO Mike Cavanaugh announcing their closing on a $2.5 billion annual NBA broadcast package. While the league itself is not named in any of the lawsuits brought against the individual teams, any recording and compositional licenses would have to be obtained before videos could be uploaded to the NBA website.
The lawsuits against the NBA teams follow similar action from music publishers against companies like Roblox and Peloton for compositional infringement. Notably, the Beastie Boys sued Brinker International in 2022 for using parts of their song “Sabotage” without permission in a social media ad for its subsidiary, Chili’s. The group’s Adam Yauch, who passed away in 2012, included a provision in his will to prevent any of the group’s music from being used in advertisements.
Most recently, Sony Music filed action against Marriott International in May, under allegations that the hotel chain committed a willful infringement of copyrighted works in its social media posts. That lawsuit outlines over 900 infringements of recordings from artists like Britney Spears, Harry Styles, Miley Cyrus, Beyoncé, Michael Jackson, Doja Cat, Mariah Carey, Shakira, and many more. The majority of those infringements took place on social media posts.
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