In international sports competitions, music is an essential part of the show. In certain disciplines (such as figure skating and rhythmic gymnastics, among others), the choice of music not only influences the choreography and performance but also triggers a complex set of intellectual property rights.
In public debate, this reality is often oversimplified by referring to “the rights to a song” as if it were a single authorization. However, from a legal standpoint, the use of music in an event broadcast globally involves different layers of rights, rights holders, and forms of exploitation. Understanding this structure is key to avoiding legal, financial, and reputational risks.
Musical composition and sound recording: two distinct rights
When a song is incorporated into a workout routine, at least two distinct legal categories come into play.
Copyright in the Work
A musical work (the composition and, where applicable, the lyrics) is protected by copyright. These rights belong to the creators or to those who represent them under contract.
Protection applies to the intellectual creation itself, regardless of the specific version used.
Related Rights Regarding the Recording (Master)
The specific recording heard on the track constitutes a phonogram. Related rights apply to it, which may belong to the phonogram producer (if any) and to the artists, performers, or musicians.
The “work” is not the same as the “master’s degree” we usually hear about, and that difference is crucial.
The Various Forms of Exploitation in Spectator Sports
The use of music at a sporting event is not limited to simply “playing” a song at the venue. It is necessary to analyze the various legal acts that take place.
Public address to the audience present
Music played in the pavilion constitutes an act of public communication. This use is typically governed by specific or general licenses granted by the relevant collecting societies, which in some cases are handled by the event organizer.
Recording and Audiovisual Distribution
In modern sports, events are recorded and broadcast across multiple channels: television, streaming, social media, and on-demand platforms.
From an intellectual property perspective, this means:
- Reproduction (capturing music in an audiovisual recording).
- Public Announcement.
- Interactive presentation.
In practice, this is handled through “synchronization” licenses (a contractual term) and, when a commercial recording is used, authorizations to use the master.
Therefore, what may be sufficient in a national championship may prove insufficient in an international competition. The change is not due to a change in regulations, but rather to the territorial scope and the multitude of broadcast windows.
Adaptations, Remixes, and Moral Rights
In many workout routines, music is not used in its original, unedited form. It is common to use edited versions, medleys, or rearranged tracks.
From a legal standpoint, when such modifications exceed a sufficient creative threshold to be legally classified as transformations (arrangements) of the work, it is not enough simply to“have permission to play it.” Specific authorization from the copyright owner is required.
In addition, the moral right of integrity may come into play, which allows the author to object to alterations that affect his or her work.
The result is a paradox: the more iconic the music, the more likely it is that securing the rights will be a puzzle involving rights holders, territories, and windows. That is why federations and organizers are pushing for declarations and pre-authorizations: a risk management strategy that turns athletes into managers of music content with international reach. Spectator sports are a global audiovisual product. And music isn’t just one license—it’s several: the work itself, the master recording, and audiovisual exploitation. A single misstep regarding one piece of music is enough to force program changes, create reputational conflicts, or open the door to financial claims.
What are the potential consequences of competing without the proper licenses?
The use of music without the appropriate licenses or permissions may result in financial claims both domestically and internationally. These claims may come directly from the rights holders or from collecting societies if the rights have not been properly licensed.
The possible consequences will depend on the type of right infringed, the severity of the infringement, and whether it is a repeat offense. In some cases, a financial settlement may be reached; in others, if an infringement is found to have occurred, a judge will determine liability and any damages.
As for liability, it does not rest solely with the athlete. Sports federations and event organizers may also be held liable. However, the specific distribution and allocation of that liability 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 shift the burden to the athlete to ensure that the music used complies with intellectual property requirements.
Music Generated by Artificial Intelligence: An Evolving Landscape
The use of music generated by artificial intelligence currently raises numerous questions from an intellectual property perspective, and it is a field undergoing regulatory evolution.
The legal analysis will depend on various factors, including:
- The way the AI tool was trained.
- The extent of human involvement in the creative process.
- The instructions or prompts used.
- The licenses and terms associated with the tool used.
In addition, there are debates regarding the possible existence of copyright protection for these types of creations, potential infringements arising from the training data used by the system, and the allocation of liability between the technology provider and the end user.
In this context, rather than a single answer, what exists today are various legal approaches that will depend on how the musical work was specifically created.
Frequently Asked Questions About Copyright in Sports Competitions
Is a license enough to play music on the premises?
Not necessarily. Public communication in the pavilion does not automatically cover recording, rebroadcasting, or making content available on digital platforms.
Do I need authorization to use a commercial recording if I already have permission to use the work?
Yes. A work and a master copy are subject to different rights and require separate authorizations.
Do medleys or edited versions require additional permission?
If the modifications are of such a creative nature that they involve a transformation of the work, specific authorization from the copyright owner will be required.
Conclusion
Today, spectator sports are an audiovisual product with international reach. In this context, music is not covered by a single license, but rather by a set of distinct rights (work, master recording, and audiovisual exploitation), the proper management of which is essential.
Failure to obtain any of these authorizations may result in financial claims, contractual disputes, or the need to modify a routine at a critical moment. Therefore, legal planning regarding copyright must be addressed from the outset, especially when the competition involves global distribution.
Elzaburu has a proven track record in intellectual property and in advising the audiovisual and entertainment industries. Our team conducts a comprehensive analysis of rights ownership, the forms of exploitation involved, and the associated contractual obligations, with the goal of providing a clear legal framework in any context.
Jesús Nogués, Attorney in the Media & Entertainment practice group at Elzaburu.