Roaring fans and copyright laws, from melodies to anthems: The legal pitch of football chants

Sweet Caroline

In 1969, Neil Diamond released `Sweet Caroline’. John F. Kennedy's daughter, Caroline, was the inspiration for the song. Aston Villa FC, Chelsea FC, Reading FC, and even England's cricket team have adopted the song throughout the years and made it their own. There are many examples of sports fans chanting well-known songs to cheer on their beloved teams.

The Israeli Angel

Sometimes sports fans alter the lyrics of the song to enhance the connection between the song and their team. ‘Superstar` is a well-known song whose lyrics were changed by fans of Israeli football team "Hapoel Tel Aviv". Christine Milton, a Danish singer first published the song back in 2003, followed by UK singer Jamelia, and finally by Israeli past pop sensation Roni Superstar 21 years ago. The new version of the song does not even mention the word superstar and is dedicated to the “Red Devils” of Tel Aviv. 

An interesting twist is that Roni Superstar herself has expressed her appreciation for the fan-made anthem. Fans and artists have symbiotic relationship, as she shared the song on her Instagram page.

With the catchy melody becoming synonymous with Hapoel Tel Aviv, what would happen if rival supporters adopted the same tune? It adds another layer to the puzzle of Intellectual Property that fan anthems might clash.

The Legal Question

Are these altered lyrics copyright? Is it the passionate supporters, Roni Superstar, Jamelia, or Christine Milton or the writers of the lyrics and music who own the rights to this new Hapoel fans song?

The performance of a live cover of a song may constitute copyright infringement if the performer does not have the necessary permissions or licenses. According to copyright law, the creators of the song have exclusive rights to perform the work publicly.

In many countries, however, copyright law allows certain types of performances without explicit permission. Performances in certain non-commercial settings or performances of songs covered by a blanket license from a performing rights organization fall under this category. The licenses typically cover public performances of songs for a fee, which is then distributed to the owners of the rights.

Fans and crowds are not artists. In most cases, they do not publish songs or albums and do not gain any financial benefit. Their only bond is their love of the sport and their favorite team. Hence, the Fair Use Doctrine appears to be a relevant defense offered by Copyright law.

In accordance with the Fair Use Doctrine, copyrighted material may be used in limited ways without obtaining permission from the owner or paying a fee. Typically, this doctrine is used for criticism, news reporting or teaching.

If a particular use qualifies as fair use, it depends on factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for the original work.

Although initially appearing to be without profit, the indirect financial impact on teams complicates matters. Increased popularity and fan base could lead to increased income. A challenge to fair use arises when fans sell merchandise associated with the altered songs independently. 

In addition, in the event of infringement, determining the identity of the infringer’s occurs. Is it the football team, the Ultras fan club, or the individual fans? The task of identifying the specific individuals responsible for the altered lyrics is daunting.

It is imperative to take a dynamic approach to the legal pitch of football anthems and copyright infringement. While the song echoes throughout the stadium, the legal harmony remains elusive, leaving copyright lawyers to navigate the tumultuous pitch of fan expression and intellectual property rights.

Everybody Else Is Doing It, So Why Can't We?

Everybody Else Is Doing It, So Why Can't We? is the debut studio album by Irish alternative rock band the Cranberries. It is sometime the modus operandi of infringers. It is, of course, not a legitimate legal defense. 

In the symphony of the stands, where the writer’s pen meets the singer’s voice and the fans’ fervor, every chant becomes a shared masterpiece of spirit and rights.

Anthems of the Arena

Here are some of the most famous football chants that have resonated through stadiums around the world:

• “Take Me Home, United Road”: This chant expresses the fans’ deep connection with Old Trafford, the home of Manchester United, and their longing to be there;
•  “You’ll Never Walk Alone” - This iconic chant is synonymous with Liverpool FC and has been adopted by fans worldwide. It’s a show of unity and support, originally from the musical “Carousel” and popularized by Gerry and the Pacemakers; 
•  “Blue Moon” - Manchester City supporters have made this classic tune their own, singing it with pride and affection. The song’s melancholic lyrics have taken on a new life in the context of football.; 
•  “Delilah” - Although not originally a football chant, Stoke City fans have embraced Tom Jones’ hit “Delilah” as a quirky and spirited part of their matchday tradition;
•  “Just Can’t Get Enough” - Popularized by Celtic fans, this Depeche Mode song has been adapted by various clubs, celebrating players or significant victories with its catchy tune;
•  “Sloop John B” - The Beach Boys’ melody has been adapted for various football chants, including those by Leicester City and Arsenal fans.

Now, once chart-toppers, these songs unite sport fans in a chorus of support, blurring the lines between pop culture and sports fanaticism. These chants inspire teams and challenge the boundaries of copyright law as they fill the air. Sport and music combine in a symphony of fan fever and legal intrigue in the stadium.

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Robert Dorneanu is a Lawyer with Soroker Agmon Nordman Riba Advocates and Patent Attorneys. He's specialised in IP litigation, Copyright, Trademark, and Commercial Law.