Sandra Bezic has multiple posts on X today about the complex music clearance process & related issues - have copied them all out below:
An oversimplified explanation - re music clearance.
If a track is registered on a performance rights organization (PRO) such as ASCAP or BMI, Socan in Canada - every country had their own - It’s automatically cleared for LIVE event use, and the LIVE broadcast of that event. 1/
… Because the producer of the live event pays a blanket fee to the PRO for the event.
This explains why lawsuits have been rare over the decades of skating events.
Live events, and the broadcasting of those, have always complied with music copyright laws. 2/
The track can be registered to any PRO, not necessarily in the country of the live Event.
This is a generalization. There are caveats.
The danger zone is that some copyright holders do not register their tracks to a PRO. Hence the rare lawsuit. 3/
The laws are different for recorded events and commercial use, such as TV specials or series like Battle of the Blades, or anything aired after the fact. (with caveats)
The IOC is requiring commercial clearance as a reaction to those few lawsuits. Herein lies the problem. 4/
[Bolded by me]
This is a complicated and sometimes expensive process that skaters, parents, coaches, choreographers are not equipped to handle. A professional well adept with the laws and procedures should be clearing music. 5/
On occasion, a skater can get lucky through direct contact with an artist - that is if the artist actually holds all the copyrights.
Prince’s Kiss (I think) ) is registered on ASCAP. Therefore, it’s legal to use from the music industry’s POV for a LIVE event.. 6/
However, typically Prince, now the estate, almost always denies commercial use. So if you try to actually clear his music you’ll likely get a denial.
Therefore, a track may be legal for the live event use, but unclearable for commercial use. 7/
Also one track from an artist may be registered to a PRO while another isn’t.
It is always the copyright holder’s right to deny, or pull approval, even if they’re registered to a PRO , if they don’t like how their music is being used - such as at a political rally. 8/
It is important for artists and copyright owners to maintain control and also profit from their creativity - which is why the PROs were created. It’s also important that we respect their rights.
Music copyright is so complex and this is a simplified explanation. 9/9
More:
When you clear music for commercial use - track by track must be cleared for each country it will be aired in. This is why most TV shows do not cross borders. It’s simply too expensive.
And then there’s editing… and there’s Grand Rights. Two more complicated layers to add to commercial music copyright laws.
Editing - music registered on a PRO - allows for edits “within reason” such as shortening to time, building an ending etc. This is expected. Commercially - a complicated layered edit usually requires the copyright holders to sign off.
I would not use ClicknClear.
In reply to "Sandra said the track is fine for a live performance. He didn’t edit it. He just played the song he owns and skated to it. He’ll [A. Selevko] be fine.":
I THINK - I don’t know for sure. But if you go to
http://songview.com you can check. Hunting down a track to see if it’s registered is also a challenge. They may not be posted on the site. If it’s not there, it could still be register. At that point use a professional 1/
It may be legal from the music industry’s POV but not the IOC’s if they are asking for commercial clearance. Which is the IOC’s right I suppose. In my world it’s the producer’s responsibility to clear with a PRO blanket fee for a live event or full commercial use for taped. 2/2
Finally (for today) it has been my experience that artists are usually thrilled their music is being used for skating. (They don’t always hold all copyrights). The artists who decline usually make that choice on principle, and that is to be respected. There are few “bad guys”.
Lastly (replying to a long question) here:
https://x.com/SandraBezic/status/2021621432397295892
An artist might share the stem files - the separate tracks - and give permission to use as skaters wish, or the skater might have new parts written and recorded. That could get problematic without permission if it is too layered or intermixed with original track.