Copyright issues have plagued figure skaters in Milan this Olympics. Here’s why

The opening week of the figure skating program at the Milan Cortina Olympics has been marred by persistent copyright issues, forcing several athletes to hastily secure approvals or abandon their meticulously planned routines entirely.

Spanish skater Tomas-Llorenc Guarino Sabate notably spent days securing permission for music from the animated film “Minions,” eventually succeeding in performing his short program.

Russian competitor Petr Gumennik was less fortunate, changing his routine just two days before his event after failing to clear music from Perfume: The Story of a Murderer, instead opting for Edgar Hakobyan’s Waltz 1805. American skater Amber Glenn, who had used Seb McKinnon’s The Return for two years, faced a last-minute scramble when the Canadian artist expressed surprise at its use after Glenn helped the Americans defend their team gold medal.

The issue was resolved through direct communication.

Canadian ice dancer Piper Gilles articulated the widespread confusion, telling The Associated Press, "Even now, we don't really understand what we can and can't use, but we're all working through that. Everybody is trying to get on the same page, but it does make it harder."

The shift stems from the International Skating Union's (ISU) 2014 decision to lift its long-standing ban on lyrics in most disciplines, a move intended to broaden appeal beyond traditional classical pieces, which were largely in the public domain.

open image in gallery

Previously, athletes were confined to older, often classical tunes like piano concertos, freely used or modified. The ISU's change opened the door to a vast array of modern genres, from pop and hip-hop to hard rock and heavy metal. However, contemporary music is rarely in the public domain, necessitating explicit permission.

The complexities were starkly illustrated at the 2018 PyeongChang Games, the first Olympics where lyrics were permitted, when American skaters Alexa Knierim and Brandon Frazier faced a lawsuit from an indie rock band for using a cover of House of the Rising Sun without permission.

Obtaining permission is far from straightforward.

While the performer often holds a share of the copyright, ownership can be fragmented across multiple entities: the original songwriter, recording labels, publishers, and even movie studios if the music featured in a film.

Different licences might also be needed for music played within the venue, broadcast on television, and used online. Further bureaucratic hurdles must be navigated if the broadcast is recorded, with international copyright laws adding another significant layer of complexity, especially given the global reach of the Winter Olympics.

The process becomes even more overwhelming when most skaters incorporate cuts from multiple songs into a single performance, each potentially requiring separate clearances.

open image in gallery

American skater Glenn echoed this sentiment, describing her experience as "chaos." She elaborated: "First, we get, like a website or some sort of application to track things. And then once we’re like, ‘OK, yeah, it’s cleared. It’s good,’ suddenly it’s not a reliable source anymore. OK, then what do we do?"

In an effort to streamline the process, the ISU has partnered with ClicknClear, a third-party company serving as a clearinghouse for a vast number of artists and songs.

This collaboration has led to an online system designed to help figure skaters more easily obtain copyright permissions.

National governing bodies have also stepped in; U.S. Figure Skating, for instance, has worked with the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music Inc. (BMI) to pre-emptively ensure music used by American skaters avoids last-minute copyright infringements. Despite these initiatives, the landscape remains "hazy and complex," with problems continuing to emerge.

Justin Dillon, who heads the high-performance programme for U.S. Figure Skating, acknowledged the ongoing challenge: "Things change rapidly every day, and we're just trying to understand what this landscape looks like. There's still so much to learn in this space."