A recent trend in the world of NIL continued this month as Sony Music filed a copyright-infringement lawsuit against the University of Southern California for repeatedly and willfully using unauthorized music in various social media posts.[i] Specifically, the complaint alleges that USC failed to get the proper sync licensing for the label’s songs across 30 of their social media pages.[ii] The 283 cited videos included in the complaint contain many notable songs, including Michael Jackson’s “Beat It,” Britney Spears’s “Gimme More,” and Mariah Carey’s “All I Want for Christmas is You.”[iii]
Of the 170 Sony-owned songs, the complaint also alleges that USC would exploit hit recordings that had just been released and topping the charts. Specifically, the Future, Metro Boomin, and the Kendrick Lamar 2024 hit “Like That”, which was released in late March 2024, debuting at the top of the Billboard Hot 100. Within days, USC was using the song on the social media pages for at least three different sports, according to the complaint.[iv]
The complaint has been tailored to fit the changing landscape in college athletics, particularly around NIL. Instead of being considered an academic institution, Sony classified USC and the athletic department as a commercial enterprise, citing the $7 billion in operating revenues for the fiscal year ending in June 30, and the $212 million in athletic revenue for the 2022-23 school year.[v] This revenue, according to the complaint, is reliant on the increased fan engagement the infringing social media posts give to USC, increasing NIL opportunities and ticket sales.[vi]
Finally, the complaint alleges that USC went as far as to ignore its own policies when it came to licensing out music. A cited social-media guideline document provided by the school noted that “all music is copyrighted, which means, prior to featuring it in your video, you must license it through the proper vendors and channels.”[vii] These repeated failures to obtain licenses, despite the guidelines and warnings given by Sony to USC about infringement, were another reason for Sony finally taking legal action.[viii]
Sports teams and leagues are no strangers to recent copyright lawsuits related to social media posts. In October 2024, fourteen NBA teams, including the New York Knicks and the Sacramento Kings, were accused by Kobalt Music Publishing America for illegally synchronizing copyrighted songs with social media posts.[ix] The American Hockey League and nine AHL teams faced litigation in December 2024 from Associated Production Music for also using various songs without permission or a license.[x]
Like the issues facing the NBA and the AHL, USC may have a strong list of defenses that could protect them from paying out upwards of $40 million in damages.[xi] As with many copyright cases, the fair use defense will likely be argued, depending on the amount of the songs used or the purpose for which the posts convey, such as reporting news related to a final score or an upcoming game.[xii] Additionally, there is a statute of limitations argument for when the posts were made, with any post made more than three years ago barred.[xiii]
[i] https://www.sportsvideo.org/2025/03/17/major-music-publisher-sues-usc-over-copyright-infringement/
[ii] https://www.uscannenbergmedia.com/2025/03/13/sony-takes-usc-to-court-over-use-of-copyrighted-material/
[iii] https://www.sportico.com/law/analysis/2025/sony-usc-lawsuit-copyright-infringement-1234842960/
[iv] https://www.musicbusinessworldwide.com/sony-music-sues-university-of-southern-california-over-music-used-in-social-media-posts/
[v] Id.
[vi] https://www.sportico.com/law/analysis/2025/sony-usc-lawsuit-copyright-infringement-1234842960/
[vii] https://www.sportsvideo.org/2025/03/17/major-music-publisher-sues-usc-over-copyright-infringement/
[viii] https://www.sportico.com/law/analysis/2025/sony-usc-lawsuit-copyright-infringement-1234842960/
[ix] https://www.sportico.com/law/analysis/2024/nba-teams-defense-copyright-music-1234801875/
[x] https://www.sportico.com/law/analysis/2024/ahl-music-infringement-lawsuit-defense-1234819400/
[xi] https://www.uscannenbergmedia.com/2025/03/13/sony-takes-usc-to-court-over-use-of-copyrighted-material/
[xii] https://www.sportico.com/law/analysis/2025/sony-usc-lawsuit-copyright-infringement-1234842960/
[xiii] Id.
Photo Credit: LA Times
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