In international sporting competitions, music is an essential part of the spectacle. In certain disciplines (such as figure skating or rhythmic gymnastics, among others), the musical choice not only influences the choreography and performance, but also activates a complex set of rights of intellectual property.
In public debate, this reality is often oversimplified by talking about “the rights to a song” as if it were a single authorization. However, from a legal standpoint, the use of music in a globally broadcast event involves different layers of rights, holders, and acts of exploitation. Understanding this structure is key to avoiding legal, economic, and reputational risks.
Musical composition and phonogram: two distinct rights
When a song is incorporated into a sports routine, the following elements come into play: at least two distinct legal categories.
Copyright rights to the work
La musical work (the composition and, where applicable, the lyrics) is protected by CopyrightThese rights belong to the creators or those who represent them contractually.
The protection applies to the intellectual creation itself, regardless of the specific version used.
Related rights to the recording (master)
The specific recording heard on the track constitutes a phonogramThe burden falls on her related rights which may belong to the phonographic producer (if any) and to the artists, performers or interpreters.
The “work” is not the same as the “master” that we usually hear, and that difference is crucial.
The various acts of exploitation in sports entertainment
The use of music at a sporting event is not limited to the song simply "playing" in the venue. It is necessary to analyze the different legal acts that occur.
Public communication before the audience present
The music played in the pavilion constitutes an act of public communicationThis usage is usually articulated through specific or general licenses with the corresponding management entities, which in certain cases is managed by the event organizer.
Audiovisual recording and exploitation
In contemporary sports, performances are recorded and broadcast through multiple channels: television, streaming, social media, and on-demand platforms.
From an intellectual property perspective, this implies:
- Reproduction (fixing the music in an audiovisual recording).
- Public Communication.
- Interactive availability.
In practice, this is articulated through “synchronization” licenses (contractual term) and, when a commercial recording is used, master's use authorizations.
Therefore, what may be sufficient in a national championship may prove insufficient in an international competition. The change is not due to a regulatory change, but rather to territorial scope and the multiple exploitation windows.
Adaptations, mixtures and moral right
In many exercise routines, the music is not used in its original, complete version. It is common to perform cuts, medleys or rearrangements.
From a legal point of view, when such modifications exceed a sufficient creative threshold to be legally classified as transformations (arrangements) of the work. It would not be enough tohave permission for it to playSpecific authorization from the copyright holder is required.
In addition, the following may come into play: moral right of integrity, which allows the author to oppose alterations that affect their creation.
The result is a paradox: the more iconic the music, the more likely it is that the clearance It's a puzzle of headlines, territories, and platforms. That's why federations and organizers are pushing for declarations and pre-authorizations: a risk management approach that transforms athletes into managers of musical content with international reach. Sports entertainment is a global audiovisual product. And music is not a license, but several: work, master and audiovisual exploitation.A single flaw in one component is enough to force program changes, generate reputational conflicts, or open the door to financial claims.
What consequences can there be to competing without the proper licenses?
Using music without the appropriate licenses or permissions can lead to financial claims at both the national and international levelsThese claims may come directly from the rights holders or from collecting societies if the rights have not been properly licensed.
The possible The consequences will depend on the type of right infringed, the seriousness of the infringement, and whether there is a recurrence.In some cases, an economic settlement may be reached; in others, if an infringement is deemed to have occurred, a judge will determine liability and any potential compensation.
Regarding responsibility, it does not fall solely on the athlete. Sports federations and event organizers may also be involved. However, the specific distribution and allocation of this responsibility will depend on the contractual terms and the risk management practices of the federations and organizers. In practice, it is common for federations to contractually transfer to the athlete the burden of ensuring that the music used complies with intellectual property requirements.
Music generated by artificial intelligence: an evolving scenario
The use of music generated by artificial intelligence It currently raises numerous questions from the point of view of intellectual property and is a field in regulatory evolution.
The legal analysis will depend on several factors, including:
- El the way in which it was trained the AI tool.
- The degree of human intervention in the creative process.
- instructions or prompts used.
- licenses and associated conditions to the tool used.
Furthermore, there are debates surrounding the possible existence of copyright regarding this type of creation, and any potential infringements arising from it training data used through the system already the distribution of responsibilities between the technology provider and the end user.
In this context, rather than a single answer, what exists today are different legal approaches which will depend on how the musical creation has specifically developed.
Frequently asked questions about copyright in sports competitions
Is a license sufficient to allow music to be played in the venue?
Not necessarilyPublic communication in the pavilion does not automatically cover recording, retransmission or making available on digital platforms.
Do I need authorization to use a commercial recording if I already have permission for the work?
YesThe work and the master are objects of different rights and require separate authorizations.
Does a medley or an edited version require additional permission?
If they involve a transformation of the work due to the creative level of the modifications, it will be specific authorization from the copyright holder is required.
Conclusion
Sports entertainment is now an audiovisual product with international reach. In this context, Music does not constitute a single license, but a set of differentiated rights. (work, master and audiovisual exploitation) whose correct management is essential.
La omission any of these authorizations may generating financial claims, contractual disputes, or the need to modify a routine at a critical timeTherefore, legal planning regarding copyright and intellectual property rights must be addressed from the outset, especially when the competition involves global distribution.
elzaburu has a established track record in intellectual property and advising the audiovisual and entertainment industryOur team comprehensively analyzes the ownership of rights, the acts of exploitation involved, and the associated contractual responsibilities, with the aim of providing a clear legal framework in any environment.
Jesus NoguésLawyer in the area Media & Entertainment from Elzaburu.
