NBA Music Copyright Battle Faces Discovery Delays as TuneSat Dispute Intensifies

NBA Music Copyright Battle Faces Discovery Delays as TuneSat Dispute Intensifies

By Marcus Delano Thompson

January 16, 2025 at 10:17 AM

Music publishers' copyright infringement lawsuits against multiple NBA teams are experiencing significant discovery delays, with cases likely to be pushed back several months.

Packed NBA stadium with bright lighting

Packed NBA stadium with bright lighting

The lawsuits, filed last summer by publishers including Kobalt, allege unauthorized use of protected music in social media videos. While technically separate cases, the publishers are seeking to consolidate 13 remaining suits due to overlapping allegations. The Atlanta Hawks are currently finalizing a settlement.

Recent developments include:

  • The Portland Trail Blazers and publishers jointly requested a 60-day discovery extension from February to April
  • Third-party discovery disputes with TuneSat in the Orlando Magic case are affecting other proceedings
  • TuneSat is contesting multiple discovery requests from the Magic regarding digital fingerprinting, URL downloads, and social media search data
  • The presiding judge has granted the discovery delay in the Blazers case, with parties required to submit a new scheduling order by January 10th

These cases may have broader implications for how brands handle licensing in their video content. Similar actions are occurring in other sports, with Associated Production Music pursuing copyright claims against the American Hockey League and several teams, though some settlements have been reached.

The discovery phase remains complex, with teams thoroughly investigating potential time-barred elements of the claims while publishers push for case consolidation to streamline proceedings.

Orange basketball on outdoor court

Orange basketball on outdoor court

Timberwolves basketball arena with video screen

Timberwolves basketball arena with video screen

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