Music publishers' ongoing copyright infringement lawsuits against NBA teams are facing significant discovery delays, with recent developments centering on third-party disputes and consolidation efforts.

The lawsuits, filed by publishers including Kobalt last summer, allege unauthorized use of protected music in social media videos. While originally separate cases against 13 NBA teams, publishers are now working to consolidate these suits into a single action. The Atlanta Hawks are reportedly close to reaching a settlement.

Recent developments include:

• A 60-day discovery extension request from publishers and the Portland Trail Blazers, moving the deadline from February to April
• Significant third-party discovery disputes with TuneSat in the Orlando Magic case
• The Orlando Magic seeking detailed information about TuneSat's monitoring methods, including digital fingerprinting dates and social media URL downloads

The presiding judge has granted the discovery delay in the Trail Blazers case, with both parties required to submit a new scheduling order by January 10th.

These cases may have broader implications for brands' video licensing practices, particularly as similar actions emerge in other sports leagues. For example, Associated Production Music has filed comparable suits against the American Hockey League and several teams, though some settlements have already been reached.

Discovery complications and the consolidation request's pending status suggest these legal proceedings will likely extend well into 2024, potentially reshaping how sports teams handle music licensing for their social media content.

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