When most of us think about figure skating at the Winter Olympic Games, we picture elite athletes, dramatic performances, and unforgettable routines. However, in recent years, an important issue has emerged: complex copyright disputes.
For decades, copyright music licensing was rarely an issue in competitive skating. This is because the International Skating Union (ISU) prohibited music with lyrics, and most classical compositions used by skaters were in the public domain. This changed in 2014 when the ISU relaxed its rules and allowed vocal music to be used in performances. As skaters increasingly turned to contemporary hits, artists and rights holders began demanding compensation and formal permission before use.
Notably, obtaining formal permission requires licensing fees that can vary dramatically, from a few dollars to several thousand per year, and approval is not guaranteed. Spanish skater Tomàs-Llorenç Guarino Sabaté learned this firsthand when he sought permission to use music from the Minions franchise. After months of effort and a last-minute social media push, clearance luckily arrived just days before the competition, and only for use during the Olympics. Without it, he would have had no routine ready to perform; turning what was a dream competition into a copyright nightmare.
In Sabaté’s case, the issue goes beyond music licensing. Sabaté also wore a distinctive Minions-themed costume consisting of the distinct yellow T-shirt and blue overalls. Since the Minions are protected characters owned through a partnership between Universal City Studios and Illumination, the performance with music and costume could arguably be considered a derivative work, another exclusive right of the copyright holder. While Sabaté might raise a good fair use defense, especially in a creative and arguably non-commercial context, the legal risk of unauthorized derivative works still remains.
To address growing copyright use and licensing concerns in Olympic figure skating, organizations like the U.S. Figure Skating organization work with performance rights organizations such as the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI) to secure blanket licenses. The ISU also recommends platforms like ClicknClear, a specialized, global licensing platform that provides officially licensed music for choreographed sports, though rights holders still retain discretion to either approve or deny any uses.
Ultimately, since the International Skating Union allowed the use of vocal music, figure skaters have had to navigate the realities of modern copyrights, where popular songs, branded characters, and even costumes can give rise to complex legal obligations. As figure skaters continue to push creative boundaries, the challenge will be obtaining proper copyright permissions, ensuring that Olympic dreams are not hindered by legal uncertainty off the ice.
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