Can You Hear the Music? AHL is the Latest Sports League Hit with a Copyright Infringement Suit

[1]

The American Hockey League (AHL) is the latest US-based professional sports league to face a copyright infringement suit this year. [2] Associated Production Music (APM) brought a suit days after issuing a similar action against a pharmaceutical company for its use of APM’s licensed works across social media promotions. [3] Earlier this summer, a group of music publishers sued over a dozen National Basketball Association (NBA) teams for the teams' use of protected works on social media.[4]

Here, the complaint alleges that the AHL did not obtain proper licenses to utilize APM’s protected works on the AHL’s social media channels.[5] Nine teams, among the league’s thirty-two teams, were individually named as their team-specific social media channels were connected to the copyright infringement.[6] Exhibit 1 of the Complaint includes over 115 songs registered to APM.[7] Exhibit 2 names and links to over 200 videos posted by the AHL, as well as specific teams in the league across Instagram, YouTube, Facebook, and X (formerly Twitter).[8] APM is requesting $150,000 per work infringed which could result in a potential judgment of over $17 million.[9]

Copyright violations maintain a strict liability standard.[10] In a claim, the plaintiff holds the burden of proof for two elements: plaintiff’s ownership of the copyright and infringement.[11] With the rise of music-based social media platforms like TikTok and the growth of the influencer marketing industry, copyright infringement lawsuits have also increased. The influencer market has grown exponentially from $1.7 billion in 2016 to over $21 billion in 2023.[12]

Music has evolved to be essential for game days. This ranges from the use of walk-up songs for baseball players to the Super Bowl halftime show.[13] In turn, the music industry began to enforce copyrights, especially in 2020, when they began issuing warnings to multiple NFL teams for their use of music in background videos.[14] Now, most leagues and venues purchase a blanket license agreement, which allows the licensee to use certain songs within a repertory.[15] However, the agreements do not extend to every time the song is played or cover every method of song delivery.[16]

The AHL’s parent organization, the National Hockey League (NHL), has an agreement with APM for the use of music for broadcast, in-venue, commercial, promotional, and social-media purposes.[17] While this agreement is estimated to be valued at the low- to mid-seven figures, it only covers the NHL and its thirty-two teams.[18] As the AHL faces this suit, the organization’s next steps should consider avenues of future protection such as purchasing its own blanket license or buying media liability insurance.[19]

References:

[1] Photo by Tim Trad on Unsplash.

[2] Dylan Smith, APM Legal Blitz Continues with American Hockey League Action Targeting Alleged ‘Rampant Infringement,’ Digital Music News (Sep. 16, 2024), https://www.digitalmusicnews.com/2024/09/16/american-hockey-league-apm-copyright-lawsuit/ (claiming the AHL “refused to obtain proper licenses or admit wrongdoing” in their use of APM’s protected works).

[3] Ashley King, Today in Copyright Lawsuits – APM Sues Johnson & Johnson Over ‘Rampant Copyright Infringment,’ Digital Music News (Sep. 9, 2024), https://www.digitalmusicnews.com/2024/09/09/apm-johnson-johnson-copyright-lawsuit-infringement/ (discussing Johnson & Johnson’s

“rampant copyright infringement” of copyrighted recordings in their social media promotions).

[4] Kathleen Loy, Just “One Dance” is Enough to Get You Sued: 14 NBA Teams Sued for Copyright Infringement Following Posts to Social Media, Cullen Dykman (Aug. 1, 2024), https://www.cullenllp.com/blog/just-one-dance-is-enough-to-get-you-sued-14-nba-teams-sued-for-copyright-infringement-following-posts-to-social-media/#:~:text=The%20problem%3A%20many%20songs%20cannot,in%20their%20social%20media%20videos. (discussing Artist Publishing Group, LLC, MXM Music AB, Prescription Songs, LLC, and other lawsuits against fourteen different NBA teams).

[5] Murray Stassen, American Hockey League Sued For Alleged Copyright Infringement By Sony and Universal-Owned Production Music Firm APM, MusicBusiness Worldwide (Sep. 16, 2024), https://www.musicbusinessworldwide.com/american-hockey-league-teams-sued-by-sony-and-universal-owned-production-music-firm-apm-for-using-music-in-social-posts-without-permission/ (claiming the AHL “refused to obtain proper licenses or admit wrongdoing” in their use of APM’s protected works).

[6] Compl., Associated Production Music LLC vs. American Hockey League et. al., No. 2:24-cv-07803-RGK-AJR at 1–2 (C.D. Cal. Sep. 12, 2024) (naming Utica Comets, Hershey Bears, Ontario Reign, Syracuse Crunch, Tucson Roadrunners, Colorado Eagles, Cleveland Monsters, Rockford IceHogs, and Belleville Senators as individual defendants).

[7] Id. at 15.

[8] Id. at 18.

[9] Id. at 10. (stating plaintiff is entitled to recover $150,000 per work infringed, the standard amount claimed in copyright suits).

[10] Janet Fries and Jennifer T. Criss, Debunking Copyright Myths ABA (Aug. 5, 2019), https://www.americanbar.org/groups/intellectual_property_law/publications/landslide/2018-19/july-august/debunking-copyright-myths/(discussing the U.S. Copyright Act).

[11] What are the Elements of a Copyright Claim? Bona Law (May 15, 2020), https://www.bonalaw.com/insights/legal-resources/what-are-the-elements-of-a-copyright-infringement-claim#:~:text=Elements%20of%20a%20Civil%20Copyright,that%20the%20defendant%20infringed%20it. (discussing burden of proof in civil copyright claims).

[12] Nadia G. Aram, Peter B. Bromaghim, and Taylor Ey, Brands & Influencers Beware! Popular Songs on Social Media at the Heart of Copyright Infringement Lawsuit, Womble Bond Dickinson (Nov. 9, 2023), https://www.womblebonddickinson.com/us/insights/alerts/brands-influencers-beware-popular-songs-social-media-heart-copyright-infringement (discussing influencer marketing on social media and copyright infringement lawsuits).

[13] Josh Glicksman, Meet the Major League Executives Bringing Music to Sports, Billboard (Feb. 8, 2024), https://www.billboard.com/business/business-news/sports-music-professional-leagues-executives-roundtable-1235602061/ (discussing the evolution of music use in the major five sports in the United States).

[14] Jonathan Jones, Music industry cracking down on copyright issues could change how NFL and other leagues distribute content, CBS Sports (Nov. 18, 2020), https://www.cbssports.com/nfl/news/music-industry-cracking-down-on-copyright-issues-could-change-how-nfl-and-other-leagues-distribute-content/ (discussing growth of copyright infringement claims in sports industry).

[15] Common Licensing Terms Defined, ASCAP, https://www.ascap.com/help/ascap-licensing/licensing-terms-defined (defining “Blanket License) (last visited Oct. 30, 2024).

[16] Amanda Conforti, Sports, Music Copyright Licensing, & Media Liability, NFP (2021), https://www.nfp.com/media/0cggkzs0/sports-music-copyright-licensing-media-liability.pdf (discussing when and how blanket licenses for music are utilized for sporting events).

[17] Dan Daley, NHL Puck Drop 2021: league, APM Music Cut Production-Music Deal, SVG (Oct. 12, 2021), https://www.sportsvideo.org/2021/10/12/nhl-apm-music-cut-production-music-deal/ (discussing 2021 agreement between APM and NHL after individual teams such as the New Jersey Devils had already done so 15 years prior).

[18] Id.

[19] Conforti, supra note 14.