Several music publishers are moving to consolidate the copyright infringement lawsuits they’re spearheading against more than a dozen NBA teams.
That development, anticipated by DMN about five months back, came to light in a recent letter to the court from the publisher plaintiffs, including Kobalt, Prescription Songs, and others.
In a nutshell, those publishers over the summer accused the Cleveland Cavaliers, the Philadelphia 76ers, and more of infringing on their protected works in videos posted to TikTok, Instagram, and NBA.com.
The league itself isn’t a party to the straightforward suits, which are part of a growing stack of complaints against brands and companies over alleged copyright violations in social media promos. In general, social platforms’ song libraries are cleared only for personal, not professional, use.
Bringing the focus back to the sought consolidation, the publishers’ related motion “seeks to consolidate thirteen cases, including the instant action, with the Cleveland Cavaliers Action serving as the lead case,” according to the relevant letter to the court.
As some will recognize, the case total has decreased by one since the suits initiated in July. In a separate letter earlier this month, the Atlanta Hawks’ legal team informed the judge that the appropriate parties had “exchanged redline drafts of a settlement agreement” and were “working diligently to finalize the terms.”
But litigation is in full swing when it comes to the other defendants, which, per the plaintiffs’ letter, are open to consolidation for pre-trial proceedings but remain “opposed to consolidation for all purposes.”
Running with the point, the publishers have specifically asked the court to schedule a conference to discuss the consolidation push. Meanwhile, with this sub-dispute set to play out in the new year, the aforementioned similar infringement battles are ramping up in their own right.
Also filed this past July, the Beastie Boys’ infringement action against the parent of Chili’s will now see the latter party file its answer by February 3rd, according to a newly approved extension from the presiding judge.
And in October, as Sony Music settled a different social-media-focused copyright suit against Marriott, Universal Music levied a complaint of its own targeting the owner of Chili’s. As a result of a recent deadline extension, the defendant’s answer in the UMG showdown is due on January 27th.
Finally, Associated Production Music earlier in December settled infringement litigation involving multiple American Hockey League teams; others are still embroiled in copyright confrontations, however.