The NBA Lawyers’ Business, Part 2: Music Synch Licensing

An NBA game is a form of entertainment that consists mostly, but not entirely, of people playing basketball. Other contributors to the overall entertainment experience may include a mascot, DJ, dancers, on-court games and contests for fans, and player and coach interviews. In addition to being part of the same entertainment event, these things have another element in common – all of them usually occur with music playing in the background. However, the license that allows a team to play music in its venue typically does not extend to permit the team to use that music synchronized to video, regardless of whether the resulting video clip is shown on the digital scoreboard in the arena, outside the arena, or online—including social media. This creates a problem for a team when it takes video of game entertainment with music playing in the background and wishes to publish it anywhere, such as in a social media post. A different kind of license—a synch license—is required for the team to do so even if the team was authorized to play the music in the arena live in the first place.

In fact, there is a current wave of change happening with respect sports teams using music synched to video and posted online. Today, a team lawyer must have a plan for managing this kind of activity. This article is Part 2 in a series describing the NBA team lawyers’ business. Part One discusses alcohol beverage regulations as they relate to team sponsor advertising. This second part discusses:

• Why Synch Licensing Matters in Sports Now
• What’s a Team to Do? Short Term Solutions
• Components of a Synch License
• Practice Tips
• Potential Solutions for the Sports Industry