NBA and WBD settle legal dispute over live game rights

Warner Bros. Discovery agreed to finish its pursuit of ownership of a package of live National Basketball Association games within the United States for the 2025-26 season and beyond and to resolve all litigation with the league.

Warner Bros. Discovery sued the NBA in July, saying the league didn’t allow the media company to make use of its so-called matching rights for a package of live games.

The league chosen three media partners – Disney, Comcast's NBCUniversal and Amazon Prime Video – might be its US distribution partner for live games for 11 years starting next season. The total value of the deal, including WNBA games, was about $77 billion, CNBC previously reported.

The settlement with Warner Bros. Discovery announced Monday, in addition to a separate agreement between WBD and ESPN, will keep the corporate in the combination with some NBA content, production partnerships and licensing deals. However, after this season, Turner Sports' 40-year relationship with the NBA as a provider of live games within the United States will officially end.

Turner Sports has had an NBA package since 1984, with games broadcast on cable channel TNT since 1988. The NBA decided to desert Warner Bros. Discovery as a media partner for several reasons, including losing confidence within the long-term way forward for cable television as a approach to reach younger audiences.

Disney and Comcast have broadcast networks to point out NBA games, and Amazon's package is streaming-only.

The terms of the settlement give WBD's TNT Sports free access to highlights for the corporate's digital news site Bleacher Report and its social media platform House of highlights for the following 11 years, in response to an individual conversant in the main points. The deal also allows Warner Bros. Discovery to license, create and distribute latest and existing NBA content across its media assets and includes live game rights within the Nordics, Poland and Latin America, excluding Brazil and Mexico.

The agreement also extends a partnership between NBA Digital and TNT Sports for five seasons, allowing the NBA to rent Warner Bros. Discovery to supply promoting and “a variety of services, including production, content development and distribution services.” said in a press release.

The settlement gives Warner Bros. Discovery guaranteed revenue from the NBA for years. The league won’t pay WBD any additional money for those services beyond the terms of the agreement, in response to people conversant in the matter who asked to not comment because some details of the agreement are confidential.

“Within the NBA”

TNT's popular studio show “Inside the NBA” might be licensed to Disney's ESPN and ABC for major NBA regular season and playoff games, including the Finals. ESPN's current NBA studio show, “Countdown,” will proceed for other ESPN regular-season games.

TNT Sports will proceed to supply “Inside the NBA” with Ernie Johnson Jr., Charles Barkley, Kenny Smith and Shaquille O’Neal. The 4 hosts will remain with the show at some stage in their contracts and should proceed to develop latest content for Warner Bros. Discovery's cable and streaming platforms, including programs resembling an “Inside Sports” show currently in development for next season company in development. ESPN includes protections within the deal that might allow the corporate to stop licensing the show if key hosts depart, in response to two people conversant in the deal.

It's unclear whether “Inside the NBA” will feature TNT or ESPN branding when the show airs on Disney's platforms next yr, people conversant in the matter say. While TNT Sports has full editorial control of the show, ESPN talent may go with the hosts, the people said.

“The opportunity to continue the iconic, Emmy Award-winning 'Inside the NBA' is a huge win for basketball fans everywhere,” NBA Commissioner Adam Silver said in a press release. “We look forward to expanding our long-standing partnership with TNT Sports and working together to promote NBA content on key WBD and NBA platforms.”

Disney and Warner Bros. Discovery have formed several partnerships up to now yr, including on a streaming package that mixes WBD's Max service with Disney+ and Disney's Hulu, in addition to a sports-focused three way partnership called Venu, which is currently due as a result of antitrust concerns.

As a collateral component of the agreement, which doesn’t involve the NBA, ESPN will allow TNT to televise 13 Big 12 football games and 15 men's basketball games per season starting in 2025. The deal gives the Big 12 more linear TV exposure through TNT, as most games would have been streamed exclusively on ESPN+, in response to people conversant in the matter.

ESPN entered into an identical sublicensing cope with Warner Bros. Discovery earlier this yr for the first-round and quarterfinal games of the College Football Playoff.

Consolation prize

The deal allows Warner Bros. Discovery Chief Executive Officer David Zaslav to walk away with something after failing to achieve an agreement in the course of the exclusive negotiating window with the league earlier this yr.

“Together, these agreements ensure fans can continue to enjoy TNT's 'Inside the NBA' and create tremendous value across our portfolio as we accelerate the growth of TNT Sports, Bleacher Report, House of Highlights and our global sports business.” Zaslav said in a press release.

Silver told CNBC last month that the league “absolutely” could have reached an agreement with Warner Bros. Discovery, but leadership from either side never saw eye to eye.

“It hasn’t been a long-standing relationship with the people currently running Warner Brothers Discovery,” Silver said. “Ideally, people in these types of partnerships don’t pull out the contract and say page eight, paragraph three. They say that you understand the spirit of what you wanted to achieve and that you are ready to adapt according to the changes. So when you look at the contract, it is a sign that the partnership is not going well.”

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