NBA Player LeBron James And Alabama Football Coach Nick Saban Squabble Over Copyright

Sorry, LeBron, but talking in a barbershop is not only a non-protectable idea under copyright, but it’s not even a unique idea.

Another day, another ridiculous copyright claim. This story isn’t unique — one party is claiming copyright infringement over something that can’t be copyrighted — but it made headlines because it involves two very high profile sports figures, one from the NBA and one from NCAA football.

For non-sports fans, LeBron James is a star basketball player and former first-round draft pick by the Cleveland Cavaliers, before moving to Miami Heat where he won back-to-back championships, then returning to Cleveland to win another NBA championship. He has had a storied career, earning awards including NBA Rookie of the Year, four-time MVP, being named to 14 NBA all-star games, winning AP Athlete of the Year and Sports Illustrated Sportsperson of the Year twice each, and more.

Nick Saban is best known as the current head coach of the University of Alabama football team, though he has also coached at other universities and in the NFL. He has won an astounding six national championships, one while coaching at LSU and another five over the last decade at ‘Bama (including, to my dismay, one over my alma mater, in what would have otherwise been an undefeated season for the Fighting Irish). Like James, he is a highly acclaimed sports figure who has also earned awards such as being a four-time SEC Coach of the Year and two-time AP College Football Coach of the Year.

So what caused these two sports stars — from entirely different sports and leagues — to cross each other? It all revolves around a new series and a barbershop.

The new series, Shop Talk, features Saban chatting in Alabama’s barbershop. James saw promotion of the first episode of the series, with Saban and former Alabama player/current Atlanta Falcons wide receiver Julio Jones, having a free flowing conversation in the shop. James argues that Shop Talk infringes on his intellectual property rights — copyright and trademark — because he previously released a web series called The Shop on his platform, Uninterrupted. On James’s The Shop, he talks with friends and sports figures while they get haircuts in a barbershop. James sent a letter, which ESPN reported, stating:

Your continued exploitation of “Shop Talk” infringes “Uniterrupted’s” copyright, trademark rights and other valuable intellectual property rights in “The Shop” and significantly damages “Uninterrupted’s” commercial prospects for “The Shop”

According to ESPN, the letter goes on to invite “conversation” before “rushing into legal proceedings.” Which is probably a good idea since James doesn’t have a strong claim here. While I haven’t investigated the facts, reports indicate that James has no trademarks in “The Shop.”

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Turning to the assertions of copyright infringement, it’s difficult to see exactly what copyrightable elements of James’s series that have been infringed. It doesn’t appear that Saban completely ripped off James’s conversation. That would be pretty dumb, especially since the point of both series is to have a free flowing conversation.

James may be trying to assert protection over the idea of a series filming a conversation with sports stars in a barbershop. The problem here, of course, is that a very basic understanding of copyright involves recognition of the idea/expression dichotomy. Although a rightholder can hold copyright over the expression of an idea, he cannot copyright the idea itself. Not even all expression is protectable, since there may be a limited way to express a set of facts, for example. Talking in a barbershop is not only a non-protectable idea under copyright, but it’s not even a unique idea.

Talking in a barbershop is so common that Hollywood basically made a movie about it, entitled Barbershop. And then made two more sequels. Plus a spinoff called Beauty Shop. While there may be more to James’ claim, if his position really is that his idea is copyrightable, well, he’s unlikely to find a sympathetic judge.

Saban responded by pointing out that James really has no claim over the idea of athletes talking in a barbershop. “There’s been at least 20 barbershop-type things I’ve seen,” Saban said, concluding, “We’re going to continue to do it.” Take that, Lebron.


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Krista L. Cox is a policy attorney who has spent her career working for non-profit organizations and associations. She has expertise in copyright, patent, and intellectual property enforcement law, as well as international trade. She currently works for a non-profit member association advocating for balanced copyright. You can reach her at kristay@gmail.com.