More than a performance: the copyright story behind Olympic figure skating
The Olympic Games have officially begun and as a lifelong fan of figure skating, this moment always feels special to me. The ISU carefully reviews and approves the music used by athletes during their routines. In figure skating, music is not just background; it is an essential part of the performance. For some athletes, music changes are required shortly before the main event in the career due to copyright issues.This highlights how copyright and related rights can come into play in the Olympic arena.
It raises an interesting legal question: Which rights may be infringed through the use of music in Olympic figure skating routines and what consents/ licenses must be obtained to avoid these risks?
From a legal perspective, two main groups of rights must be taken into account when music is used in Olympic figure skating routines: copyrights and related (performance) rights.
✅ Copyrights cover the rights of the author of the musical composition (the composer) and the author of the lyrics (the lyricist). These rights are typically administered by a music publisher on behalf of the authors. It should be noted that copyright and related rights do not provide for any specific exception or limitation permitting the use of music during sporting events without a license, meaning that the use of protected music in such contexts normally requires authorization from the relevant rights holders.
✅ Related (performance) rights usually include: (i) the rights of the phonogram producer (the record label that first fixed the sound recording, "master rights holder"), and (ii) the rights of the performing artist in relation to the fixation of their performance (for example, the singer whose voice is recorded, such as Taylor Swift performing her own song).
In most cases, an athlete (respective federation) wishing to use a particular track must obtain licenses covering reproduction and communication to the public rights from all relevant rights holders.
✅ In addition, figure skating routines rarely use an entire musical work. The duration of the short program and free skate is limited (appr. 2 min 40 sec and 4 - 4.5 min respectively), which means the music needs to be cut, adapted, remixed or combined with other compositions. From a legal standpoint, this might constitute the creation of derivative works, requiring explicit license from the relevant rights holders.
✅There is, however, a form of legal “safe harbour” when athletes choose compositions that are in the public domain, typically older classical works for which both copyright and related rights have expired (however, modern recordings of classical works are still protected).
✅ One particularly interesting observation is that the ISU, in line with guidance issued by the International Olympic Committee does not permit the use of AI-generated music in Olympic figure skating. This position is understandable, as liability for AI-generated outputs remains legally uncertain.
Good luck to all the Olympians!
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It raises an interesting legal question: Which rights may be infringed through the use of music in Olympic figure skating routines and what consents/ licenses must be obtained to avoid these risks?
From a legal perspective, two main groups of rights must be taken into account when music is used in Olympic figure skating routines: copyrights and related (performance) rights.
✅ Copyrights cover the rights of the author of the musical composition (the composer) and the author of the lyrics (the lyricist). These rights are typically administered by a music publisher on behalf of the authors. It should be noted that copyright and related rights do not provide for any specific exception or limitation permitting the use of music during sporting events without a license, meaning that the use of protected music in such contexts normally requires authorization from the relevant rights holders.
✅ Related (performance) rights usually include: (i) the rights of the phonogram producer (the record label that first fixed the sound recording, "master rights holder"), and (ii) the rights of the performing artist in relation to the fixation of their performance (for example, the singer whose voice is recorded, such as Taylor Swift performing her own song).
In most cases, an athlete (respective federation) wishing to use a particular track must obtain licenses covering reproduction and communication to the public rights from all relevant rights holders.
✅ In addition, figure skating routines rarely use an entire musical work. The duration of the short program and free skate is limited (appr. 2 min 40 sec and 4 - 4.5 min respectively), which means the music needs to be cut, adapted, remixed or combined with other compositions. From a legal standpoint, this might constitute the creation of derivative works, requiring explicit license from the relevant rights holders.
✅There is, however, a form of legal “safe harbour” when athletes choose compositions that are in the public domain, typically older classical works for which both copyright and related rights have expired (however, modern recordings of classical works are still protected).
✅ One particularly interesting observation is that the ISU, in line with guidance issued by the International Olympic Committee does not permit the use of AI-generated music in Olympic figure skating. This position is understandable, as liability for AI-generated outputs remains legally uncertain.
Good luck to all the Olympians!