When U.S. champion pairs skaters Alexa Knierim and Brandon Frazier stepped into the 2022 Beijing Olympic Games arena, they were focused solely on competing. Little did they know that a lawsuit was about to shake their world. “You should know there’s a lawsuit,” their coach, Todd Sand, informed them. Years of training and sacrifice had led them to this moment, and as they prepared, the lawsuit seemed insignificant. But little did they realize the far-reaching implications it would have.

The Ripple Effect of the Lawsuit

This lawsuit has sent shockwaves throughout the sporting world. Athletes, coaches, and choreographers are now grappling with the fact that they may have been unknowingly breaking the law through the music used in their performances. As rumors of the financial claims in musicians’ complaints spread, many athletes are questioning the future of artistic sports.In Beijing, Knierim and Frazier were initially told that the worst-case scenario was that their music would be muted during their performance broadcasts. Confident in their compliance with the usual procedures, they were puzzled by the commotion. However, after competing in the Olympic team event a week earlier, their song choice was flagged by TuneSat software, leading to a lawsuit filed by the band’s lawyer. The suit accused the skaters of copyright violation and questioned the integrity of the band’s reputation.Figure skating exists at the intersection of athleticism and artistry. Knierim and Frazier emphasized their respect for other artists and their desire to avoid any sense of injustice. Standing in the Olympic arena, Sand proposed a risky solution of using last year’s music with this year’s choreography. But after perfecting each element to the exact notes of the song, they decided it was too risky for the most important competition of their careers. Fortunately, NBC never muted their music, and they went on to win gold at the World Championships.If you’ve ever wondered why you can catch up on other sports streaming long after they took place but struggle to do the same with “artistic” sports, this is the reason. These sports rely heavily on music to engage audiences, and music copyright is a complex and often confusing issue. From music-rights lawyers to entry-level coaches, everyone uses the term “gray area” to describe the situation.William Tran, a figure skating judge and television production lawyer, has been tasked with explaining the intricacies of music rights to panicked skaters and officials. Each song can have dozens of rights holders, including the artists, writers, and labels. Obtaining permission for using a song involves multiple layers of rights and can be a daunting task, especially when dealing with popular artists like Beyoncé or Taylor Swift.Some suggest using classical music as a quick fix, as it often has fewer rights holders. Romain Haguenauer, coach to world and Olympic champions, believes that eliminating popular music would be a disaster for the sport. “I think modern music is good for the audience, especially for younger fans who can relate more to Beyoncé than [the opera] Carmen. If that would have to change, it’s like we will go back to the past. And that’s never good for sport.”One potential solution comes from ClicknClear, a music licensing company founded by a former World Champion cheer athlete. The company offers prenegotiated global licenses, but even with their efforts, not all the commonly used songs by figure skaters are available in every country. This makes choosing music for international competitions incredibly complicated.In general, artists are supportive of athletes using their music, but not every artist feels the same way. Every time an athlete fails to obtain permission, they are flouting copyright laws. Adding to the complexity, each right can cost thousands of dollars, which is a significant burden for athletes who often don’t make much money from their performances.Because of the integral role of contemporary music in these events, copyright infringement cases were bound to happen. In 2014, cheer music creators were sued by Sony, leading to changes in the industry. This past summer, artistic swimming teams were also affected, and ClicknClear helped them obtain music rights in a hurry. However, some teams still faced challenges in getting their music cleared in time for the Paris Olympics.Tran and others believe that the real solution lies in Congress passing an amendment to exempt amateur sports from U.S. copyright law. But this could take years, leaving many athletes without a clear path forward.Back on the ice, the advice from the International Skating Union and U.S. Figure Skating has been inconsistent. “Right now, everybody is able to still submit all their music, with the ISU asking, Please, please, start to get the legal clearance,” said Shawn Rettstatt, chair of the ISU ice dance technical committee. “Where that goes further down the road? I’m not quite sure.”Knierim reflected on the situation, saying, “[Music] was just something that as athletes we took for granted, because it’s never been brought to our attention before.” But with this high-profile lawsuit, no one can ignore the issue anymore.The lawsuit eventually settled for an undisclosed sum, believed to be in the millions. After skating one more season together, Knierim and Frazier retired from competitive sport. They are now pragmatic about the ordeal but still express sadness over the whole situation. “It just honestly puts a bittersweet connection to that Olympic performance. It puts this cloud over it, when I think it was a really fabulous program. The music was so wonderful.”