Spain's Tomàs Guarino Sabaté was able to compete in the men's figure skating singles short program with the Minions-themed routine he'd trained for, after hitting a last-minute licensing snag before the Games began.WANG ZHAO/AFP/Getty Images
Six-time Spanish figure skating champion Tomàs Guarino Sabaté got to make his Olympic debut dressed as a yellow Minion after all, performing his playful, fan-favourite short program on Tuesday to a delighted audience.
But it was a moment that almost didn’t happen.
Just days before the start of the Olympics, Sabaté was told he would need to find a new routine as there were copyright issues with his music. Universal Pictures only relented after the skater posted the news on social media, triggering fierce public backlash.
And Sabaté hasn’t been the only skater navigating copyright problems at these Olympics Games. On the weekend, Canadian artist Seb McKinnon raised concerns online that American skater Amber Glenn had used his work without permission. The two camps have since worked out an arrangement, but it’s an example of how fraught the music rights issue has become, as both Sabaté and Glenn arrived in Milan with the understanding that they were in the clear.
Music woes are still a relatively new issue for the sport. For decades, figure skaters have performed routines to all types of music, however up until a little more than a decade ago, this was often classical music that was already in the public domain.
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In 2014, in an effort to modernize the sport and make it more entertaining, figure skating’s international governing body, the International Skating Union (ISU) changed the rules to allow skaters to perform to music with lyrics.
Then at the last Winter Olympic Games in Beijing, musicians Robert and Aron Marderosian – the Heavy Young Heathens – noticed that American pairs skaters team Alexa Knierim and Brandon Frazier were performing a routine to their arrangement of the song House of the Rising Sun. They sued the skaters, U.S. figure skating and the Games’ broadcasters for “blatant and purposeful” copyright infringement.
The matter settled quickly, but it created a mess of legal questions for a sport that relies so heavily on music.
As it stands, the ISU places the onus on skaters to make sure they have secured the necessary approvals.
Sabaté received a wave of support on social media after his story went public. That may have factored into the music label relenting and allowing the Spanish figure skater to continue performing his Minions routine.Elsa/Getty Images
When asked about the issues with Sabaté and Glenn, both of whom have been competing with their pieces throughout the season, an ISU spokesperson told the Globe that they recognize copyright clearances can represent a challenge for all artistic sports: “Increased awareness of the importance of rights clearances has brought increased attention to the use of copyright-protected music in a sporting context in recent years. Skaters are among those responsible for clearances and licensing, and the ISU is committed to supporting their creative freedom.”
But both Glenn and Sabaté thought they had done everything right.
When Sabaté announced the problems with his Minions routine, he wrote on social media that he had followed all the proper procedures and submitted the pieces through the ISU-approved licensing platform, ClicknClear.
In an e-mail, the ISU said it does not have a “contractual relationship” with ClicknClear.
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U.S. Figure Skating did not respond to questions about what went wrong with Glenn’s music approval, but instead sent a copy of a statement from Glenn.
“The issue of music rights can be complex and confusing. Seems like there was a hiccup in that whole process,” she wrote.
On the weekend, McKinnon, who creates music under the name CLANN, realized that the 26-year-old Glenn had performed to one of his pieces during the figure skating Team Event, winning gold.
“So just found out an Olympic figure skater used one of my songs without permission for their routine. It aired all over the world... what? Is that usual practice for the olympics?” he wrote on X.
The post generated thousands of comments, some supporting McKinnon for protecting his rights as an artist and others attacking him for not being grateful for the exposure.
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In the midst of the uproar, Glenn’s team reached out and the two sides quickly came to an agreement that would allow the skater to use the piece.
Reached by text on Tuesday, McKinnon said he bears Glenn no ill will and was only trying to protect his work.
“Now that the dust has settled, I’m honoured and sincerely wish her the best. I’m looking forward to watching her compete with my music again on February 19,″ he said, referring to the night that the women will perform their free programs.
In her social media post, Glenn, the three-time U.S. national champion, said she looks forward to collaborating with McKinnon and that she feels a deep connection to his music.
“It was a dream come true to perform at the Olympic Games and to have Seb acknowledge my performance and congratulate me afterward made the moment even more special,” she wrote. “We will move forward and continue supporting both artists and the skating community.”