Minions on Ice: Copyright Clearance, Creative Sport and the Olympics

In the run up to the Winter Olympics, Spanish figure skater Tomas-Llorenc Guarino Sabaté unexpectedly became the centre of a copyright story which offered a timely illustration of how copyright law intersects with artistic sport on the world stage.

Sabaté’s popular Minion’s themed routine – complete with yellow T-shirt, blue overalls and music from the animated franchise – has become a favourite routine for fans. However, Sabaté was initially refused permission to use his proposed piece of music, and it was only in the days leading up to his performance that he confirmed that he had obtained the required licences.

At its core, the episode is not about costumes, choreography or Olympic spectacle, but about the licensing of copyrighted works for public performance — and the particular complexities that arise when that performance takes place at a globally broadcast event.

Music Licensing in Figure Skating

Figure skating occupies a distinctive position within copyright law. Athletes routinely perform choreographed routines set to well-known music, but unlike informal or amateur performances, elite competitions — and especially the Olympics — constitute commercial, public performances with vast audiences and extensive media exploitation.

The music used in such routines engages multiple layers of copyright:

• Musical composition rights;
• Sound recording rights;
• Potentially film-related rights, where music is closely associated with a cinematic franchise, as with Minions.

Permission is therefore required not only for the music itself, but for its use in a particular context — including international broadcast, archival use, and association with a commercial sporting event.

The Role of Rights Clearance Systems

Guarino Sabaté claimed to have followed established procedures by submitting his music via the International Skating Union’s ClicknClear system, which is designed to facilitate licensing for competitions. However, such systems do not eliminate the rights holder’s discretion. Rights owners may refuse permission for reasons that are legal, commercial or reputational, particularly where the work is strongly tied to a valuable brand.

In this case, Universal Studios’ initial refusal highlights a key point often misunderstood outside legal circles: there is no automatic right to use copyrighted music in sport, even where the use is transformative, artistic or non-commercial from the athlete’s perspective.

No “Fair Dealing” Safety Net

It is also worth emphasising what did not apply here. UK and EU copyright law recognise limited exceptions for quotation, parody or pastiche, but these are narrow and fact-specific, and are highly unlikely to cover:

• Full musical tracks or substantial extracts;
• Use as the core accompaniment to a performance;
• Use within a commercial, ticketed, broadcast sporting event.

Olympic performances are therefore firmly within the realm of licensed exploitation, not statutory exception.

Reversal of Position: Discretion

Universal Studios’ subsequent decision to grant permission “for this one special occasion” underscores the discretionary nature of copyright licensing. From a legal standpoint, however, the reversal does not weaken the underlying rights. If anything, it reinforces them: the performance can proceed because permission has been granted, not because permission was unnecessary.

Brand Protection Beyond the Music

Although the public discussion focused on music rights, the routine also raises questions of character and brand protection. Performing in costume evocative of the Minions — yellow shirts and blue overalls — engages trade mark and passing-off considerations, particularly in a high-profile commercial context. While such issues did not appear to be contested here, they form part of the broader IP landscape that athletes and governing bodies must navigate.

A Broader Lesson for Artistic Sports

As the ISU itself acknowledged, “copyright clearances can represent a challenge for all artistic sports”. The Guarino Sabaté episode serves as a reminder that:

• IP compliance is not a mere formality but a potential barrier to performance;
• Clearance must be secured early, and is not guaranteed;
• Contingency planning — such as alternative music — is essential.

For rights holders, the case demonstrates the leverage that copyright law continues to provide, even in high-profile scenarios like the Olympics. For athletes, it is a lesson in how creative expression in elite sport remains bounded by intellectual property law, no matter how enthusiastic the audience response.

If you would like to speak to one of our experts about your copyright protection strategy, please get in touch with a member of the IP, Technology & Data team or your usual contact at Brodies.