Facing the Music: Copyright Controversy in Olympic Figure Skating

The 2026 Winter Olympics in Milan Cortina delivered two unforgettable weeks of historic performances, and figure skating once again proved it is one of the event’s crown jewels. However, one of the most talked-about stories, on and off the ice, was the music copyright controversy that affected athletes from various countries.

Music is a vital component of every figure skating routine. While judges submit scores based on technical skill and athletic prowess, they also take into account emotional elements and how a performance makes an audience feel. Music plays an undeniable role in stirring those emotions, and teams often choreograph and tailor performances to accompany certain musical numbers.

Up until the mid-2010s, most skaters’ routines were set to classical instrumentals that were in the public domain and therefore did not infringe copyright. In 2014, in an effort to broaden figure skating’s appeal, the International Skating Union (ISU) permitted skaters to begin using copyrighted songs containing lyrics. Since the decision, figure skating has seen many historic routines with performances to songs by some of the world’s biggest artists.

Olympic Music Disputes

The use of copyrighted music revolutionized and revitalized the sport and its connection to its audience, but it has also introduced a host of legal issues. In the 2022 Winter Olympics in Beijing, Americans Brandon Frazier and Alexa Knierim skated to the Heavy Young Heathens’ version of “House of the Rising Sun” without proper licensing. The skaters (along with NBC and U.S. Figure Skating) were sued for their use of the song with the parties eventually settling for an undisclosed amount. However, the lawsuit raised concerns and sparked changes across the global skating community with teams looking to avoid similar issues. U.S. Figure Skating has since worked with U.S.-based performing rights organizations to help their teams clear their routines’ musical components. In 2024, U.S. Figure Skating clarified their position in a memorandum which recommended that their athletes and teams only use music that has been completely cleared by Broadcast Music, Inc. and the American Society of Composers, Authors and Publishers. This policy aims to ensure that the public performance of the chosen music will be compliant with all applicable copyright laws.

Copyright controversy arose again at the 2026 Winter Olympics. Days before the competition began, Spanish figure skater Tomàs-Llorenç Guarino Sabaté announced that the music for his short program could not be used due to copyright clearance issues with Universal Studios. This left Guarino Sabaté with only days to prepare an entirely new routine with a cleared song after he had spent several months specifically training with his original choreography. Fortunately for Guarino Sabaté, the sports community caught wind of his story and pressured Universal Studios to reconsider its position. The company was bombarded with comments on social media and Guarino Sabaté was eventually granted final approval for the rights to use the song for a single use.

However, the musical issues did not end there for these Olympics as several other skaters also faced copyright-related issues, including American Amber Glenn, Individual Neutral Athlete Petr Gumennik, and the Canadian pair of Zachary Lagha and Marjorie Lajoie.

Licensing and Legal Considerations

The complexities of music licensing can make obtaining clearance a complicated endeavour. What constitutes the requisite clearance in a given scenario will require different approvals depending on whether the music is intended to be performed in a public space, livestreamed, broadcast or used for choreography. Each of these facets can require separate licences to address copyright in the underlying song and, in some cases, the sound recording. A single song may require permissions from multiple rightsholders, including lyricists, composers, performers and the sound recording makers (generally the recording companies). There is significant potential for liability if the appropriate rights clearances are not obtained.

In Canada, Re:Sound and the Society of Composers, Authors and Music Publishers of Canada (“SOCAN”) represent different stakeholders in the music recording industry. Re:Sound licenses public performances of sound recordings of musical works on behalf of performing artists, musicians and record labels that perform on and own those recordings. SOCAN represents the performing rights of Canadian and international composers, authors, songwriters and publishers for live and recorded public performances of their works. It is noteworthy that Skate Canada has negotiated reduced rates for all Skate Canada clubs and skating schools for music use through Entandem, a joint venture between Re:Sound and SOCAN, to simplify the music licensing process.

The Sports, Media & Entertainment Group at Aird & Berlis LLP assists clients in navigating contracts, transactions, regulations, disputes and more. Please contact the authors or a member of the group if you have questions or require assistance.