The NBA and rap music go way back. Since Allen Iverson in the ‘90s, who pioneered hip-hop-inspired tunnel fits (think oversized chains, baggy pants, and his signature cornrows) to today where it’s the genre of choice for warm-up music and game pauses (Steph Curry, we aren’t tired of “Not Like Us”).
It’s even prominent in league promos like Metro Boomin’s NBA Finals commercial or Lil Wayne’s NBA playoffs commercial. However, major music companies are not happy with NBA teams using rap songs on their socials.
What did the NBA teams do?
Music companies, including Kobalt and the Artist Publishing Group, filed 14 separate lawsuits for $150,000 each against the following teams:
- — New York Knicks
- — Atlanta Hawks
- — Philly 76ers
- — Cleveland Cavaliers
- — Denver Nuggets
- — Miami Heat
- — Minnesota Timberwolves
- — New Orleans Pelicans
- — Indiana Pacers
- — Orlando Magic
- — Phoenix Suns
- — Portland Trail Blazers
- — Sacramento Kings
- — San Antonio Spurs
Half the league is being accused of knowingly using songs for free that they should have paid to license. Some of the songs listed are DJ Khaled’s “All I Do Is Win,” A Boogie wit da Hoodie’s “Look Back at It,” and even former NBA star Shaq’s “I Know I Got (Skills).” Jay-Z, Cardi B, Meek Mill, and Migos are also mentioned without naming the specific songs.
In each of the lawsuits, lawyers representing the music companies essentially state that the teams are ignoring the intellectual property rights of the musicians while protecting their own. All 14 lawsuits combined are seeking $2.1M in compensation.
Why are the music companies pressed?
Social media platforms like TikTok and Instagram have licensed music galore for you to use on your newest proof of life or photo dump post. However, brands can’t use these songs for promotional or commercial purposes without securing a synch license (like what TV ads use so they can blast “Not Like Us” before going back to the game).
Rap music is hard to avoid, considering many videos captured during practice or pre-game have the genre playing in the background. The lawsuit seeks compensation for all the times copyrighted music was used for free by the previously mentioned teams.
Similar to when Drake and Rick Ross were beefing over whose house or airplane was bigger, this legal debacle feels above the average tax bracket.
The beef is getting deeper
The NBA teams involved in the lawsuit are now firing back. They claim “that the publishers engaged in copyright misuse by attempting to ‘extort from the Team disproportionate payments’ through threats of costly litigation,” according to separate filings with the US District Court for the Southern District of New York on October 15.
The teams also claim that they “‘possessed an implied license’ to use the publishers’ copyrighted works and that their use of the publishers’ music was ‘fair use’ under US copyright law.” Basically, it’s a copyright vs copyright battle.
For example, the Minnesota Timberwolves claim that the publishers were made aware of their alleged misuse in March 2021 before the lawsuit was filed this July.
Each of the 14 teams is challenging separate lawsuits filed in US federal court and also alleging that while publishers have software to keep track of the “accused uses,” they have refused to “produce the Archive” or share when they first found out about the alleged violations “despite numerous requests.”
The music publishers involved in the lawsuits have not yet responded to the new developments in this battle. Nevertheless, rap is still the soundtrack for shooting hoops—even if the NBA and music publishers have each called a foul on each other for how it’s used.