The Costly Consequences of Unauthorized Music Use in Sports and Politics

In a world where music is deeply intertwined with our cultural and entertainment experiences, the unauthorized use of copyrighted songs has become a growing legal battleground. From the highest levels of politics to the world of professional sports, several high-profile entities have found themselves embroiled in copyright infringement lawsuits over their use of music without proper permission.

Unlocking the Melody of Legal Disputes

The AHL's Alleged Tune Takeover

The American Hockey League (AHL) and nine of its teams have found themselves at the center of a copyright infringement lawsuit filed by Associated Production Music (APM), a production music company with an extensive catalog of over 650,000 tracks. APM alleges that the AHL and its teams have engaged in "rampant infringement" of their recordings, using them in various social media videos without the necessary permissions or licenses.The lawsuit cites more than 230 specific instances where the AHL or its teams have allegedly used APM's copyrighted music, including the iconic "Heavy Action" theme from Monday Night Football and "The Big One" from The People's Court. APM is seeking monetary damages that could reach up to $150,000 per infringed work, as well as an injunction to prevent the league and its teams from continuing to use the company's music.

The NBA's Harmonious Headache

The AHL case is not the only recent high-profile music copyright dispute in the sports world. Earlier this year, Kobalt Music Publishing American and other companies that own or have licensed interests in hit songs by artists like Britney Spears, Justin Bieber, and Doja Cat sued 14 NBA teams for copyright infringement. This case involves the teams being accused of synchronizing these popular songs with their promotional videos, without obtaining the necessary permissions.The NBA case remains in litigation, as the league and its teams work to navigate the complex web of music licensing agreements and determine the extent of their legal obligations. These disputes highlight the growing importance of securing the proper rights and permissions when using copyrighted music in sports-related content and marketing.

Trump's Tune Troubles

The issue of unauthorized music use extends beyond the sports world and into the political arena as well. Former President Donald Trump has faced multiple copyright lawsuits over his campaign's use of music during rallies and in promotional videos.Most recently, the estate of the late Isaac Lee Hayes Jr. sued Trump, arguing that the use of the song "Hold On, I'm Coming" in rallies and videos was a clear case of copyright infringement. A U.S. District Judge ordered Trump to stop using the song, though the ruling did not extend to the use of the song in videos of past events, as the judge determined those did not pose the same immediate risk of harm.These legal battles underscore the need for political campaigns and organizations to carefully navigate the complex landscape of music licensing and obtain the necessary permissions before incorporating copyrighted songs into their events and promotional materials.

Navigating the Murky Waters of Music Licensing

The common thread running through these diverse cases is the inherent complexity of music licensing agreements. While the AHL, NBA teams, and political campaigns may have believed they had the necessary permissions or licenses to use the music in question, the reality is often more nuanced.Music licensing can involve a web of agreements between artists, publishing companies, and various rights holders, leading to potential conflicts and differing interpretations. Defendants in these cases may argue that they had permission through a license or reasonably believed they had permission based on existing business arrangements.Additionally, the concept of "fair use" – which allows for the lawful copying of others' works in certain circumstances, such as news reporting or parody – may come into play. However, the courts will carefully weigh factors such as the purpose and amount of music used, the impact on the song's sales, and the degree to which the original work is transformed in the context of the videos or promotional materials.Ultimately, these high-profile cases serve as a cautionary tale for any organization, whether in sports, politics, or beyond, that seeks to incorporate copyrighted music into their content and marketing efforts. The consequences of failing to secure the proper permissions can be severe, with the potential for significant monetary damages and court-ordered injunctions that can disrupt operations and public engagement.As the digital landscape continues to evolve, the need for diligence and proactive management of music licensing rights has never been more critical. By navigating these complex legal waters with care and attention to detail, organizations can avoid the costly pitfalls of unauthorized music use and ensure they are respecting the intellectual property rights of artists and rights holders.