U.S. Figure Skating's Controversial Music Decision
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- Опубліковано 30 чер 2024
- U.S. Figure Skating has announced a controversial new music policy that requires skaters to confirm proper licensing for the music they use in their skating programs. Find out what you need to know to meet the policy guidelines!
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Links to Helpful Resources:
❤️ Epidemic Sound: www.epidemicsound.com/referra...
✅ U.S. Figure Skating Announcement: info.usfigureskating.org/u.s....
✅ U.S.Figure Skating Music Policy: 7926325.fs1.hubspotuserconten...
✅ U.S. Figure Skating Town Hall on Music Policy Invitation: info.usfigureskating.org/u.s....
Songview: songview.com/
✅ ClickNClear: www.clicknclear.com/sporteduc...
✅ Understanding Music Licensing From Unison Audio: unison.audio/music-licensing/
✅ Musical duo Heavy Young Heathens sues figure skaters, NBC over Olympic song use: www.reuters.com/legal/transac...
✅ Olympic Skaters and NBC settle with musicians over song use: www.reuters.com/legal/litigat...
✅ Cheerleading and Dance Squad Music Copyright Law: nfhs.org/articles/cheerleadin...
✅ Golden Skate Discussion Thread: www.goldenskate.com/forum/thr...
✅ Reddit Discussion Thread: / new_usfs_music_policy_...
✅ Figure Skating Universe Discussion Thread Thread: www.fsuniverse.net/forum/thre...
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00:00 Introduction
01:37 Disclaimer
02:45 Why Does Music Need To Be Licensed?
03:42 UA-cam Music Policy
05:43 Who Owns A Song?
06:39 What is a Music License?
06:52 Why Is U.S. Figure Skating Changing the Music Policy Now?
09:02 What Are ASCAP and BMI?
10:03 Understanding the Songview Database
10:39 How Can I Tell If My Song is Clear for Figure Skating?
10:55 How Can I Tell If My Song Is Not Clear for Figure Skating?
11:19 What Do I Do If My Song Is Not Clear for Figure Skating?
11:35 Why Can't Competitions Stream or Video with Music With Figure Skating?
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Links to Helpful Resources:
❤️ Epidemic Sound: www.epidemicsound.com/referral/x3owia
✅ U.S. Figure Skating Announcement: info.usfigureskating.org/u.s.-figure-skating-music-policy
✅ U.S.Figure Skating Music Policy: 7926325.fs1.hubspotusercontent-na1.net/hubfs/7926325/U.S.%20Figure%20Skating%20Music%20Policy.pdf
✅ U.S. Figure Skating Town Hall on Music Policy Invitation: info.usfigureskating.org/u.s.-figure-skating-music-announcement-town-hall
Songview: songview.com/
✅ ClickNClear: www.clicknclear.com/sporteducation/figure-skating
✅ Understanding Music Licensing From Unison Audio: unison.audio/music-licensing/
✅ Musical duo Heavy Young Heathens sues figure skaters, NBC over Olympic song use: www.reuters.com/legal/transactional/musical-duo-heavy-young-heathens-sues-figure-skaters-nbc-over-olympic-song-use-2022-02-17/
✅ Olympic Skaters and NBC settle with musicians over song use: www.reuters.com/legal/litigation/olympic-skaters-nbc-settle-with-musicians-over-song-use-2022-07-22/
✅ Cheerleading and Dance Squad Music Copyright Law: nfhs.org/articles/cheerleading-and-dance-squad-music-copyright-law-issues/
✅ Golden Skate Discussion Thread: www.goldenskate.com/forum/threads/music-rights-and-usfsa-rules.98651/
✅ Reddit Discussion Thread: www.reddit.com/r/FigureSkating/comments/1doeivf/new_usfs_music_policy_just_dropped/
✅ Figure Skating Universe Discussion Thread Thread: www.fsuniverse.net/forum/threads/us-figure-skating-music-policy.111849/
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Where I get confused is other sports that also heavily rely on music: dance, gymnastics, synchronized swimming etc all use music. Their events are streamed and can replay. But our sport for some reason now can’t under these new rules. How are we supposed to get people interested in this sport if we are posting videos without music constantly? Usfsa couldn’t have looked at other music focused sports and how they handle this? For the most part you already can’t replay events on peacock. There has to be a better way to do this
My assumption is that either 1. Those sports pay for the license to stream and distribute on-demand. Or, 2. They take a the risk that they may get sued. Due to the popularity of those sports, I imagine they may have more of budget to pay for the streaming and on-demand licensing. It sounds like its just too costly for U.S. Figure Skating.
I was thinking of competition dance that gets replayed online all the time. It made me wonder if they just take the chance or the music industry hasn’t focuses on them yet.
When I worked and taught in fitness it was a huge deal to pay for our own licensed music. That’s why group ex classes either have odd remixes at specific beats per minute (plus it helps for classes trying to keep beat or perform a specific intensity) or it’s licensed music for the specific classes like Zumba or Les Mills programming. The gym itself pays for music licensing for music to be played overhead in the gym.
Check out this article about cheer and dance: nfhs.org/articles/cheerleading-and-dance-squad-music-copyright-law-issues/ I know that cheer has been sued by Sony.
I suspect many smaller organizations are unaware of the full breadth of copyright laws and I can promise you that many mom and pop dance studios and gymnastics facilities are not getting the proper rights. Some of them are, of course. But for the most part it’s a numbers game. There are so many of them that any individual studio is unlikely to be caught/reported/prosecuted for it. It doesn’t mean it can’t happen though.
You would be surprised! ASCAP and BMI reps walk into every store and tell them they have buy a license. It happened to my family with our 40 seat restaurant in Maine! If it happened there, I am quite sure ASCAP and BMI reps have gone door to visiting dance studios and gymnastic facilities.
Oh my goodness! I get it because of copyright law, but still, it makes me upset because now I can't use a lot of foreign language music for any USFS competitions now. ASCAP only control 75% while a third party controls the rest of the 25%. I'm an ISI member currently, but I did have USFS membership in college and am planning to renew that membership through my club this year. Not sure if ISI is gonna go through with something like this as well.
Technically, it has nothing to do with USFS or ISI, you can personally be sued by an the owner of a song if you use their track without permission. U.S. Figure Skating is just putting it out there so that members are aware. So, if you use a track with ISI, regardless of their policy, if its not licensed the owner of the work can sue - this has always been the case.
Just for the hell of it I looked up Je Ne Regret Rien (Iconic Edith Piaf French song) you can’t even locate it in either data bases. It Deff will be hard to use any songs not in English
I hear you! I'm sure with time, they will find a more comprehensive solution.
I hope so. I love anime music and Chinese and Japanese songs, so that’s why I’m upset. One foreign language song (Diabolik Lovers) does have 100% control by BMI, so I’m still free to use that for competition music.
That's the biggest issue, I think I have with all this is that they didn't present solutions for skaters that are more creative with their music. USA Cheer, has options for music sources that comply: usacheer.org/music
Now competitions start removing the professional videographers as they can’t sell the video to the parents. How will it be good for the sport? Most of skaters are kids and doing it for fun. All these will be their memories. Having a professional video is important. Now this rule kills that.
Unfortunately, according to copyright law that was actually never legal. U.S. Figure Skating's statement is just their way of acknowledging the law. Of course, U.S. Figure Skating and LOC for competitions, or even videographers can purchase the licensing that will allow video recordings to be sold. That is an additional expense though and the cost would likely be passed on to the skaters.
Aimée, I am most upset that U.S. Figure Skating will not pay for the performance licensing rights to livestream figure skating events with music and provide video sales of figure skating events with music. In 2024, most people in society are used to watching figure skating events that are livestreamed with music and video on demand on social media. I do not know of anyone who wants to watch a figure skating event livestreamed or video recorded without the music. Slowly but surely, going forward figure skating is going to suffer greatly and lose many participants and audiences. I would not mind even paying an additional annual fee to U.S. Figure Skating so that livestreaming with music and video sales with music can be offered. Also, I feel very sad for the many videographers who have livestreamed and video recorded many figure skating events in the past. These videographers are going to financially suffer greatly or maybe even lose their businesses, which is so not right! Unless the decision is reversed to once again offer livestreaming with music and video sales with music, I will not compete in U.S. Figure Skating events.
I think the issue could be that the expense would need to be passed on to members and competitors. Plus, for video distribution a sync license would be required. For a sync license, each LOC or US Figure Skating would have to acquire licensing for each skater’s individual music as I don’t believe you can blanket that. In addition to the expense, it would require staff or volunteers to acquire clearances. Getting sync licenses also takes time, which may not be possible for every competition.
I'm all for artists being paid, especially where money is being made. But this is extreme (it sounds like I can't even practice to a song I like without paying royalties), and I find it interesting that ISU doesn't apparently have anything like this policy. Nor does ISI. It's just USFSA.
It's actually a federal law in the United States. So, it doesn't actually have to be an organization's policy for it to apply. However, U.S. Figure Skating decided to take an official stance so that all members know their responsibility under the law regarding copyright and music clearance. USA Cheer has done a great job with its member education and resources. You can see what they do here: usacheer.org/music
So then at televised events, like the Olympics, no music can be heard while skaters skate?
No. Just like with all sporting events the broadcasters secure the clearance and licensing for the songs that will be skated to for that purpose. U.S. Figure Skating's blanket license outside of that scenario only covers the performance for songs that are cleared.
No replays 😩
Another very illegal thing that happens every day in figure skating is selling the service of cutting and re-arranging music to fit time requirements or use multiple songs. If someone is charging you to cut your music…. Not technically legal unless they acquired the rights from the publisher to do so. Which is not covered by USFS.
Absolutely! That's why USA Cheer provides a list of providers who have signed agreements and pledge to follow copyright law, serving as a resource for the cheer and dance community: usacheer.org/music-provider-directory
Yeah so I’m confused about the video recording thing. So basically the only people who can see me skate my program with music is people who are physically there in person? And I can’t even look back and review my musicality to make it better for future events? Or am I misunderstanding something here?
Or is it that as long as I choose music that is cleared, I can post it on UA-cam or send it to my friends and family to see since not everyone can travel all the time and I can keep the memories to track my progress along the way?
U.S. Figure Skating's blanket licenses with ASCAP and BMI only cover your performance. It does not include any recording or streaming clearances, as that would require a sync license, and there is no blanket option for it. Each social media platform has its own policy on copyright. If you are posting videos to UA-cam, you can read its policy here: ua-cam.com/users/howyoutubeworkspolicies/copyright/
Thanks for this. People were angry about this on the figure skating Reddit and I tried to explain the law to them and was furiously downvoted… just because it’s relatively unknown and unintuitive doesn’t mean it hasn’t always been there. The law just was not being properly enforced and people were getting away with it. It isn’t as simple as the organization buying blanket licenses to allow video recording and sales… the videographers are often independent contractors and not employees of USFS (at least at local events where people would be buying videos of their kid.) I’m not saying the law is without fault but copyright law extends farther than most realize… USFS is just trying to protect their clubs and members.
You're welcome! I think U.S. Figure Skating could have provided more resources and education leading into this. Unforuntaly, to my knowledge, there is no such thing as a blanket license for streaming or recording - that's a sync license and it can't be blanketed the way a performance license is.
Hmmm how does this affect virtual testing? I always thought that venues had purchased a blanket license to play music. The stupid thing here is, over the years I discovered so much good music from watching skating, and bought so much from those musicians. If they would allow it, they would gain a lot of paying fans.
Technically, under the letter of the law you could not record music with a virtual singles free skate test. Unless U.S. Figure Skating knows of a loop hole?
Excellent video that needs to be seen by *everybody* including everyone who uses recorded music in any context, eg if you run any kind of store, from boutique to salon to"head shop", anyone who makes a You Tube video,anyone who makes a musical parody, (yes, Weird Al DOES pay the license to use other peoples music) anyone who makes covers or compilations People dont know enough about music licensing and I have had so many arguments with people online about this. My only quibble is that the rights to music dont always remain with the composer, sadly, Vast numbers of compositions are now or maybe have been since day 1, in the hands of corporations. But that changes nothing, EVERYONE MUST PAY the license. That is the law Thank you for this great video, I realise you made it for the context of skating, but the matter is universal and honestly I am surprised that this hasnt part of Public Performance 101 for skaters, gymnasts, actors, singers, dancers and more all along. Music has never been free to use since recorded music has been a thing. Shop owners, restaurateurs, bars, clubs... if you are playing music and its a public space, this means you too
Thank you! I realize that the rights ownership can be transferred. I was just keeping this high level for the figure skating audience. My family used to own a 40 seat restaurant (20+ years ago), and we had to get a license from ASCAP and BMI to play music.
So what about virtual testing? It may have already been addressed but did not see it when I sort of quickly scanned the comments. Great video thanks for taking the time to create it!!!
It's been discussed but no one knows what the answer is! Would that be exempt under "educational" grounds? Maybe they will address it tonight in the Town Hall!
This is more than fair. As a songwriter myself, I wouldn’t want people ripping off my work. It even happens in the music industry itself. About 85-90% of songwriters are covered by ASCAP and BMI since they are open to anyone who has published one song. The other two American organizations are invitation only, if I remember correctly, so only have a small number of songwriters as members.
I think the general issue is that no one knew these rules existed before now.
I definitely agree on that. Unless a person have some experience with the entertainment industry, most people have no reason to know these rules regarding copyright use.
@@bradleyolinger1691 Absolutely! I had a reason to know the ins and outs of this, so this doesn't surprise me. What did surprise me was that it took so long, there was such an abrupt announcement from U.S. Figure Skating without a full explanation, and that a more comprehensive solution was not offered.
I don't know, when a song is being used for cheography, it brings more exposure to unknown artist (and also is the highest form of flattery). And most people are more than willing to share what song it was or artist that covered it. Maybe there needs to be clearer citations when it's a publicly shared event. And it's not like skaters get paid for any replays either. Really, it's the tv or streaming companies that are making most of the money and not paying out.
Now, singer or writing ripping off the song is completely different than someone dancing or skating to a song. In my opinion, but my opinion doesn't even matter lol.
While it may bring exposure to an artist, it's an issue of federal copyright law. It is still _not legal,_ unfortunately, regardless of how flattered an artist may be. It is, unfortunately, illegal for a skater to alter or perform a song or for that performance to be distributed or digitally transmitted without express, written permission from all holders of copyright in a song. I suggest that you take a look at this article about issues that cheer and dance have had: nfhs.org/articles/cheerleading-and-dance-squad-music-copyright-law-issues/
Honestly it’s terrible. NQS days away and programs are ready to go. This is very last minute and very poorly communicated
The date on the policy states it was approved by the BoD on 5/24/2024. I would like to know why it took a month to announce it to the membership.
@bridgetb3178
Great video with a clear explanation. Thank you! USFSA should have hired you to get this message out to everyone in an understandable way! 😊😉 I understand & respect the copyright issues, but my fear is how the no-streaming/no recording/sharing for personal use rule will impact the future of figure skating. We aren’t selling or profiting off of our skater’s programs. We simply want to share their hard work & successes with friends & family, and it seems that is no longer allowed; even with 100% cleared songs? Thanks Aimee!
You’re very welcome and thank you! Honestly, the streaming and recording issues have always been there. That’s why Peacock replay’s are for a very limited of time. Under copyright law, you’ve never been legally allowed to stream or record a competition, without the proper licensing agreement. U.S. Figure Skating is covering themselves and helping members understand the legal ramifications by making it an official policy. I hope that makes sense.
This had me worried. But thankfully my current programs are either public domain or already covered by BMI/ASCAP.
I don't know what music you are using. But, there is a common misconception when it comes to public domain. Not every recording of a public domain work is in the public domain.If an artist records a new version of a song that is in the public domain, that new recording of the song may still be under intellectual property protection. That's what happened with the The House of the Rising Sun example that I used in the video. So be sure to double check!
Everything I’m finding for Antonín Dvořák Symphony Number 9 from New World Symphony is free to use.
@johntousseau9380 good for you!
USFS SHOULD BE PAYING FOR RIGHTS IF IT'S A PROBLEM. WHY DO WE PAY FOR MEMBERSHIPS OTHERWISE? Like I'll just straight up quit.
If they pay for rights beyond the blanket license they already purchased, you can expect that membership fees and competition registration fees will increase.
What are your recommendations if the song you're skating to is not in Click and Clear's database? They have a request section on their page, but I am wondering if there's any other avenues I can pursue getting permission? Thanks!
You can contact the rights holder directly. However, usually an agent does that on your behalf. That's the role that ClickNClear has.
What if a song is 20% on BMI and 78.76% on ASCAP--- combined total of 98.76% and ClickNClear does not have it in their database. What is the fastest way to get the 1.24% so that a skater can use it?
As I understand it, you would have to obtain permission from the other 1.24% of the right holders. If you need assistance, please reach out to music@usfigureskating.org.
What about a business who edit music for skaters? Is the same thing happening in Canada with Skate Canada & Socan (Canadian version of BMI & ASCAP)? I was an adult skater, still a music editor, singer songwriter who is a member of Socan. So can use to look the other way in Canada for Skate Canada skaters prior to 2020. As of now, I have no idea what is going on in Canada music licensing wise for figure skating. The last year I edited figure music was early 2020.
USA Cheer provides its members with a list of approved providers that have pledging to follow copyright law when editing, creating, arranging, icensing, publishing or distributing compositions, recordings, or music productions. I think that is a great solution and U.S. Figure Skating could have had that in place before making the announcement. You can view USA Cheer's music resources here: usacheer.org/music
IDK how Skate Canada is handling this.
My song is not on ASCAP, BMI or Click N Clear. My program is fully choreographed. What am I supposed to do?
This isn't a mandate ... yet. However, using music that isn't cleared or licensed is a risk, and it's the sole responsibility of the coach, choreographer, skater, parent/guardian to ensure the music is cleared by ASCAP or BMI or otherwise licensed. In other words, U.S. Figure Skating put out the policy to make you aware and IMO as a legal way to protect itself legally. Alternatively, you could also find another music option that is cleared and modify your choreography.
this is going to kill USFS and it has many problems already i see skaters just getting out and the number of skaters dropping.. all this over one lawsuit
In my area, the only option for skating is U.S. Figure Skating. I know that other areas of the country have ISI, but copyright law is the same - regardless of the organization's policy on it. USA Cheer has a similar policy to U.S. Figure Skating, although it seems to provide better resources and information for its members. Maybe that will come U.S. Figure Skating in time?
Danke schon the video was beautiful
You're welcome! Thanks for watching!
Wow😮 usfs making changes to its music policy that's will make figure skating less watchable. I guess I'll settle to watching it with VPN
I'm sure broadcast feeds on NBC, the Olympic Channel, USA, Peacock, etc., will still have music. This seems to be targeted at smaller competitions that are not broadcast not through a network.
So can the licensed music still be cut/combined/mixed?
As long as all your tracks are clear, and the artist hasn't stipulated that you cannot do that, as I understand it, you can. But you should really consult an expert in copyright law to be sure.
So now on top of everything else, I have to have a lawyer for my kid to skate. Great. I feel like USFS should just tell us if we can cut the music or not under the license they negotiated. If we cannot cut the music, I am at a loss as to how this is all supposed to work. Each level has a specific music length. I get the IP laws. I really do, but to me this is a very extreme reading of their rights. I want someone to tell me how letting my kid skate to a song at a competition is NOT a fair use exception in copyright law. I am not making a dime off my kid skating...rather, I hemorrhage money to pay for it all like everyone else. To me, USFSA and the LOCs making money off this stuff ought to have to pay for the right licenses. Not me. I get why this is being pushed down to the parent/coach level, but come on. Also, I am not sure how we can continue virtual testing if this is going to be the rule - no recording or streaming. I hope they explain all of this on Monday. Not after the messenger here (you) but this is extreme.
Remember, the owner of the work determines what can be done with it. You would have to consult with U.S. Figure Skating to determine if mixes and mash-ups are covered under its blanket license agreement. It could be dependent on the artist and the work. However, without seeing it myself, I don't know for sure.
ClicknClear has information on its website that can help you here: www.clicknclear.com/copyright-law-for-sports
@@lauriemiller526great question about virtual testing!
what about those no copyright music for background etc ?
That depends on the source. How do you know it's not under copyright?
On YT there are lots of no copyright music marked videos for ppl to use maybe as background music etc.
@linkchen8245 that’s up to you if you want to take their word for it.
There are channels such as breaking copyright that has them. I have been using them on my youtube videos. But its always safe to double check
Skating silent seems easier.
It does! There's nothing to stop skaters from using a tone or drone like sound and skating to that!
What about a metronome for ice dance? There is that rule about requiring music to fit the character of the dance, though.
@@danasuperstar I think it may be time to make "protest" the character 😂
And life gets more complicated. I was wondering when this copyright stuff would start coming down. Everybody wants as much money as possible. Use it......pay for it. It never ends.
It was only a matter of time. I was talking with another coach a year or two ago and she was asking about this specifically. I remember saying that I think we're going to see something like this happen. Although, as I imagined it, it would have been much more organized and better prepared everyone!
Someone needs to make record companies illegal or make it so it's not legal for them to hold copyrights or enforce them in certain situations. I am literally so sick of every facet of life being RUINED by these people. It doesn't even have a public benefit.
In most cases, the owner of the work is not the record company. Rather, the artists are usually the owners. Do you think they should not receive payment for what they created when you use it for your benefit?
I think fair use should be expanded to included when enforcement of copyright law would encroach on expression in a way that's disproportionate to the amount of profit gained. I'm saying this as someone who HAS copyrighted music many times with money from my own pocket. I think it's completely fair to have people use something that's ultimately for public enrichment - especially if the people using it aren't MAKING MONEY from it, as most adult skaters like me aren't. It puts an unfair burden on regular people that provides negligible, if any, noticeable benefit to an artist. Also it's not necessarily ALWAYS the artists going after people, it is often companies and notoriously many times even artists themselves get copyright strikes for using their own music on their own channels. I would care more if this wasn't 100% about corporations wanting to have control over every facet of people's lives and milking them for all they're worth. That's the issue for me. I would be more than happy to pay an additional fee to USFS to keep freedom and keep corporations off our backs to be honest, though I think it's ridiculous. Personally, I don't think copyrights make any sense to enforce unless someone is making money by claiming your work as theirs. This may be a way I differ ideologically with many people, but I don't think Taylor Swift is going to starve because someone uses two minutes of her song at a competition, the same way Walmart isn't going to go bankrupt if they unlock their dumpsters and let unhoused people look for usable food in them. I mean....For the artists who do have the resources to ruthlessly brutalize people over copyrights, every penny they "lose out" on they have absolutely already stolen from the people by dodging taxes and/or relying on labor exploitation or harming the environment irreversibly. If anything, they should be GIVING BACK.
NO! I WILL BE A DEATH OF SLOW OR FAST DEATH! FIGURE SKATING
I'm sorry you feel that way.