Music rights clearance issues (policy being implemented by the ISU starting in 2024)

[Sylvia]

From ISU Communication No. 2671 - Decisions of the Council (Oct. 1, 2024):

6. Music rights clearance issues
The Council noted the concerns of the Figure Skating family with regards to Music rights clearance issues, acknowledging that there is no quick and easy solution to this complex legal matter that must nonetheless be addressed by all Figure Skating athletes. The ISU has been working with the company ClicknClear (https://www.clicknclear.com/licensingplatform-guide & https://www.clicknclear.com/faqs), which provides one option for clearing music rights. A module on the ISU eRink explains the music rights issues and how to use ClicknClear, and further guidance on this option will be available shortly.

ETA - creating this thread to continue the discussion that took place in the summer in the "US Figure Skating Music Policy" thread.

 

[AngieNikodinovLove (ANL)]

How come this became a mainstay issue at the last Olympics with Alexa and Brandon’s song. Music has been used since the very beginning of figure skating. Why is it an issue now?

 

[Sylvia]

Why is it an issue now?

I recommend reading @Theoreticalgirl's posts in the USFS Music Policy thread from June (an excerpt from the first one is quoted below): https://www.fsuniverse.net/forum/threads/us-figure-skating-music-policy.111849/page-2#post-6609465

My songwriting stuff is registered through BMI, I've been involved with community radio for 20+ years, clocked in plenty of time IMO I think it is about time that figure skating understands the value of music on a couple of levels. Financially, artists should be compensated, and there are existing royalty structures that USFS has circumvented for far too long. Logistically, skaters should understand the nuts and bolts of music, like who wrote the song and the differences between the original composition and a cover.
...
Lastly, the ASCAP/BMI thing makes it easier for skaters competing internationally to comply with foreign music clearance requirements, as they are PROs [peforming rights organizations] with international agreements.

Also from the same thread (thanks @ice coverage!):

ISU has an (apparently new) e-learning course, "Music Rights in Sports," per Facebook post on Jul 1.
Literally anyone can make an account to take the course for free.

ISU Development Projects

🆕 on ISU eRink: Music Rights in Sports 🎶 Everyone is concerned by music rights: the artists/writers involved, the organizers of the competition, and even you as an athlete when you perform to it....

www.facebook.com

Per the overview page: "The course duration is estimated to be 45 minutes." (FWIW, I was able to quickly click through in less time.)
https://elearning.isu.org/course/view.php?id=422

 

[Sylvia]

Making Music in Skating Legal
As music copyright laws begin to be enforced, challenges abound by Anna Keller (Oct. 6, 2024):

Making Music in Skating Legal

The question of music copyrights is looming large over the sport of figure skating, worrying skaters, fans, and musicians alike.

anythinggoe.com

 

[Sylvia]

Cross-posting here with Jackie Wong's comment: "I love it when musicians are pleased that skaters use their music … you know, rather than sue them":

https://twitter.com/x/status/1850644673200881712

 

[genevieve]

There's an artist that I discovered, coincidentally, through skating - Zoe Keating, after seeing Jonathan Cassar's excellent program to her song "We Insist". I've bought her albums, seen her in concert a few times, and followed her social media. She isn't very active on SM anymore, but she's been very transparent about the economics of being an independent musician. She also has been VERY vocal about her music being used without permission - I remember a stage production in NYC that used a song of hers some years ago and she wrote extensively about it. While also saying that she's given up trying to make the modern/contemporary dance world license her music properly ( ).

She never mentioned skating, but I wonder if that program (or any others, if there have been any) was even on her radar.

All this to say that I support artists getting the credit and licensing/royalties they deserve.

 

[overedge]

Cross-posting here with Jackie Wong's comment: "I love it when musicians are pleased that skaters use their music … you know, rather than sue them":

https://twitter.com/x/status/1850644673200881712

Artists should be suing if their music is being used without them being compensated. I don't like what Jackie seems to be implying here.

 

[Karen-W]

Artists should be suing if their music is being used without them being compensated. I don't like what Jackie seems to be implying here.

Maybe don't make an assumption that Jackie is implying that at all. We don't know if the artist is being compensated. What we do know is that the artist is happy (like Jennifer Thomas) that his music is being used in skating and that he's gaining additional exposure.

 

[Sylvia]

And here’s another appreciative composer! (part of Nina Pinzarrone’s FS is to Nocturne in D-Flat Major "Un rêve" by Eric Christian): https://www.instagram.com/p/DBrUbzgvf_Z/

View this content on Instagram

View this content on Instagram

ETA - the composer also posted on X: https://x.com/ericchristian_/status/1850916039455813933

 

[BlueRidge]

Cross-posting here with Jackie Wong's comment: "I love it when musicians are pleased that skaters use their music … you know, rather than sue them":

https://twitter.com/x/status/1850644673200881712

I hadn't heard of Christopher Tin but I'm streaming him now. I like this.

 

[floridaice]

Artists should be suing if their music is being used without them being compensated. I don't like what Jackie seems to be implying here.

I think Jackie is referring to the Heavy New Heathens -- who sued Alexa & Brandon and NBC.

 

[pointbleu]

Jean-Michel Blais P&C

Jean-Michel Blais has always been grateful for his work being skated to by skaters such as Papadakis and Cizeron, L&L or Asada.

 

[sadya]

This reminds me of Fields of Gold covered by the late Eva Cassidy. When Kwan skated to this song, it gained many new fans:

https://evacassidy.org/fields-of-gold/

"In the autumn of 2001, a whole new international audience discovered Eva’s recording of “Fields of Gold” when champion ice skater Michelle Kwan chose that music for her exhibition skating routine. Chris Biondo watched it on television and found Kwan’s interpretation of Eva’s vocals to be tremendously moving. “I cried like a baby,” he admits. “Then I called my mother, she was crying too, everybody was crying.”

Michelle Kwan skated to “Fields of Gold” several more times that winter, in an elegant new Vera Wang costume in glittering gold. The skater clearly enjoyed the music, and on one televised performance she could be seen singing along with Eva as she skated. Guitarist Keith Grimes admitted he felt proud to have his guitar-playing be a part of Michelle Kwan’s artistic expression. “Thrilling solo skating matched with a bare bones musical performance — I thought the combination worked. Plus, in the big arena, Eva finally got the reverb she was crazy for!”


I've (re)discovered some (old and new) music thanks to figure skating. Allowing skaters to use their music, can bring more exposure to an artist. More chance of getting new fans, many of whom will buy that music. Yes, artists should definitely be compensated and I don't see how they lose out when a figure skating uses their music. (hey, I even watched a movie and a series once because I liked a skating program and the story line sounded interesting)

 

[attyfan]

Supposedly, the writer of the music for "The Red Violin" was also very pleased when Michelle skated to his work.

 

[overedge]

Allowing skaters to use their music, can bring more exposure to an artist. More chance of getting new fans, many of whom will buy that music. Yes, artists should definitely be compensated and I don't see how they lose out when a figure skating uses their music.

Music sales for all artists are decreasing because of streaming, YouTube, etc. So unfortunately having music used for a skating program isn't going to result in more sales for that artist.

 

[Sylvia]

Christopher Tin has posted 3 more times about skaters who have used his music (Mao Shimada's FS this season, as well as Haien Lee's SP & Peng/Wang's SP last season):

https://twitter.com/x/status/1851676575944835115

 

[Sylvia]

Making Music in Skating Legal
As music copyright laws begin to be enforced, challenges abound by Anna Keller (Oct. 6, 2024):

Making Music in Skating Legal

The question of music copyrights is looming large over the sport of figure skating, worrying skaters, fans, and musicians alike.

anythinggoe.com

American composer/pianist/violinist/recording artist Jennifer Thomas’ Oct. 8th post: https://www.instagram.com/p/DA3db34RCXz/

View this content on Instagram

View this content on Instagram

Excerpt:

I'm happy to see my music inspire other forms of art, and I realize it is payment in exposure. Not all musicians agree though, & there was a major lawsuit over the last winter Olympics (same Olympics my music was in).
There is so much info in this fantastic article, but with regard to my experience with my music in these events - I'm happy to also answer any of your questions below in the comments because there are usually many regarding this topic.

 

[VALuvsMKwan]

Supposedly, the writer of the music for "The Red Violin" was also very pleased when Michelle skated to his work.

John Corigliano also won the 1999 Oscar for Best Original Score for "The Red Violin" with a week of Michelle's winning the 2000 World Championship skating to his music for the film (I believe technically for the suite he composed based on themes from the film).

 

[barbk]

Supposedly, the writer of the music for "The Red Violin" was also very pleased when Michelle skated to his work.

I believe that. But I also believe artists deserve payment for their works. If the licensing authorities choose to add an option/cost rate for use by dancers and athletic competitors that included streaming rights in one handy fee, I'd be happy with that. Skaters pay for costumes, skates, and ice time. No reason why music deserves a free ride.

 

[Sylvia]

Jason Brown mentioned that his and Rohene Ward's "first [FS music] choice was scuttled due to copyright issues" (article link is posted in the U.S. Men's news thread).

“Who knows, maybe I’ll use it eventually, if we can get it cleared,” Brown said. “But there we were in the middle of the summer, and we were like, ‘Uh oh, we still don’t have anything.’

 

[kwanfan1818]

This reminds me of how Stravinsky used to update his scores or create suites -- rarely for the better -- as they were about to go out of copyright. Balanchine used to choreograph using the new versions, so that his mentor and friend would get the royalties.

 

[MacMadame]

I believe that. But I also believe artists deserve payment for their works. If the licensing authorities choose to add an option/cost rate for use by dancers and athletic competitors that included streaming rights in one handy fee, I'd be happy with that. Skaters pay for costumes, skates, and ice time. No reason why music deserves a free ride.

I agree and also I think it should be the musicians' choice and they should have a choice. Being an artist is tough and rarely pays well and part of why it doesn't pay is that people have this attitude that it should be free to use any music at any time.

 

[Kateri]

I agree musicians have the right to decide who uses their music, but to me, it seems like skaters are being chased for money by musicians because they're an easy target. Skaters aren't the reason musicians can't make money from music any more - that's because of Spotify, etc. But musicians have little power to affect that, and it's all "legal", in that their record companies have sold them down the river.

It's an awful situation for musicians, but I wish the blame could go where it's deserved. Almost no skaters make a profit from skating, so it's hardly commerical exploitation and musicians largely didn't care about skaters using music for sport back in times when musicians could make a living from their art in normal ways.

 

[attyfan]

When musicians could make their money in normal ways (record/CD etc sales; concert tickets etc), a popular skater could actually help them .... sales of "Field of Gold" went up after Michelle skated to it. Now, you are right ... skaters are easy targets.

 

[Sylvia]

It's an awful situation for musicians, but I wish the blame could go where it's deserved. Almost no skaters make a profit from skating, so it's hardly commerical exploitation and musicians largely didn't care about skaters using music for sport back in times when musicians could make a living from their art in normal ways.

THIS (part bolded by me above).

I’ve been seeing this message pop up in skaters’ Instagram stories lately:

“This music can’t be played due to recent licensing changes with the rights holder.”

 

[Sylvia]

In the published Announcements for the ISU Grand Prix Final & all the 2025 ISU Championships - in the MUSIC section:

ISU Members/Skaters are reminded to in order for them to use music to accompany their routines, the following ‘Music Accompaniment’ rights/ licenses are required:
● the right to edit or adapt music into a mix, if more than one song is being used.
● the right to set choreography to the music, often referred to as a ‘Grand Right’, which is the right to perform musical compositions and recordings within the context of a "dramatic work” or choreography.
● the right to create any copies of the music that may be needed for training and competition purposes, also known as the ‘mechanical rights’.

In order for a music to be fully cleared for these uses, these rights need to be cleared for each and every track used in each mix that contains a license (backed by a warranty and legal indemnity) for appropriate territory(s) that covers both the master rights of the recording artist and the publishing rights of each individual writer and composer of the track.

There are a number of ways in which ISU Members and their Skaters can legally use or create a music mix to accompany your routine/performance:
1. For easy compliance with the above-mentioned requirements, it is recommended to use commercially released or production music from the ISU approved licensing provider, ISU.ClicknClear.com. Subject to the music being available on the ClicknClear platform for the country where it will be used, it can be licensed instantly. Skaters/Members can access ClicknClear directly through the ISU Portal under the music tab.
2. Use completely original music (specially commissioned) written and/or recorded by a composer and/or artist. If you do this, please ensure you have contractually obtained the relevant rights required. ClicknClear’s License Verification System has an online form that your composer/artist can use to confirm the rights they have granted you.
3. Use music out of copyright (otherwise known as music in the public domain). To be noted that the duration of copyright varies in each country so ISU Members MUST check their local copyright law.
4. Secure a license directly from the owners of the music the Skaters would like to use. In some cases,ClicknClear may be able to assist in the clearance of music not currently available on the ClicknClearplatform. However, please note this route will be significantly more expensive, may take significant time, and there is no guarantee of a positive outcome.

The titles, composers and orchestras of the music to be used for the Short Program and Free Skating Program for Single, for the Rhythm and Free Dance Program for Ice Dance and for the Exhibition must all be entered, in detail, by the ISU Member or the Skater(s) on the dedicated ISU platform or through ClicknClear.

If music information is not complete and/or the music is not provided, accreditation will not be given.

 

[MacMadame]

In order for a music to be fully cleared for these uses, these rights need to be cleared for each and every track used in each mix

I'm thinking about ChoBat's RD with its 11 music cuts.

 

[Prancer]

I've (re)discovered some (old and new) music thanks to figure skating. Allowing skaters to use their music, can bring more exposure to an artist.

This a very common argument--but playing for free for me at my party/wedding/event/podcast/etc. will give you exposure and then OTHER people will pay you.

But that only works if other people pay you and as many musicians will tell you, it doesn't work out that way.

 

[tony]

When musicians could make their money in normal ways (record/CD etc sales; concert tickets etc), a popular skater could actually help them .... sales of "Field of Gold" went up after Michelle skated to it. Now, you are right ... skaters are easy targets.

Adding to what Prancer said, the younger generation and even my generation were never really buying music anyways. I, like everyone else in my high school and even middle school, was downloading music from Napster and then Limewire and then whatever else before Youtube and Spotify were a thing. That was already ~25 years ago. CDs have gone completely out of most stores, and vinyl are the new trending things but not massively so. The artists get paid very minimally for their streaming clicks.

And where do we draw the line? Skater A who is on broadcast TV in the US a whole two times a year gets a free pass for their music because they may get a million viewers (although unlikely) for those telecasts? Skater B uses obscure music and is on 10 streams for senior B competitions all season with about 200-500 viewers per event. They too get a free pass? Knowing skating fandom to be what it is (and I'll point you to the whining about Peacock prices around the internet or to any streaming event that is individually priced), I'm going to say this isn't exactly a fandom eager to go spend money on something like music (or concerts, for that matter) anyways.

 

[AngieNikodinovLove (ANL)]

and even my generation were never really buying music anyways

Rude