What legal or licensing barriers exist to broadcasting an event during the Super Bowl halftime window?
Executive summary
Broadcasting anything in the Super Bowl halftime window runs up against overlapping copyright, public‑performance and trademark rules: ordinary viewers may watch on a home TV without additional license but businesses and broadcasters face strict limits on showing the live telecast, using halftime clips, or invoking Super Bowl marks without explicit consent from the NFL and music rights holders [1] [2] [3]. Practical compliance commonly requires commercial carriage or specific licenses, press credentials for in‑venue reporting, and clearance from multiple rights holders for music and promotional use [4] [3] [2].
1. Copyright and “public performance” limits: what the Copyright Act allows and doesn’t
Federal copyright law contains a narrow exemption that lets anyone display a broadcast on a single ordinary television set without a public‑performance license, but that carve‑out becomes limited when musical works are performed (such as the halftime show), when multiple screens are used, or when further transmission occurs beyond a private circle, triggering the need for licenses from music rightsholders and performing rights organizations [1].
2. The NFL’s exclusive broadcast and trademark control: why the league and rights‑holders matter
The NFL tightly controls who may broadcast or commercially exploit the game and its halftime spectacle; stations that do not hold the NFL’s broadcast rights cannot air the game live, and even after the game ends need consent to show highlights or halftime clips and to use Super Bowl trademarks in promotions because those copyrights and marks are typically licensed separately and exclusively [3] [2].
3. Businesses and bars: commercial accounts, screen size, and “public” exhibitions
Establishments showing the game commercially usually must use business‑grade carriage (commercial DirecTV/Xfinity etc.) rather than a consumer login because business accounts include public‑performance licensing; some case law and guidance also distinguish single‑TV private displays from multi‑screen or large‑venue exhibitions that lose the Section 110 exemption and require licenses or venue agreements [4] [1].
4. Halftime music and multiple rights‑holders: layered clearances
The halftime show is not merely a televised segment but a bundle of copyrighted musical performances and recordings and often involves separate clearances for live performance, synchronization, and broadcast rights; broadcasters or third parties wanting to rebroadcast or clip the halftime material must clear those musical rights in addition to NFL permissions [1] [3].
5. Reporting from the venue and live on‑site coverage: press credentials and timing constraints
Media that want to report from inside the stadium while the game is ongoing generally must have official press credentials; without them a station cannot lawfully report from the venue during play, and even post‑game use of images, clips or highlights is conditioned on consent from the NFL and other rights‑holders [2] [3].
6. Trademarks, promotions and sponsor exclusivity: hidden commercial angles
The NFL licenses Super Bowl marks and categories of sponsorship tightly — title uses, “official” sponsor claims and product‑category exclusivity are typically carved out and sold to major sponsors, meaning broadcasters or venues running Super Bowl promos, contests or branded advertising without clearance risk trademark claims and conflict with the league’s sponsorship ecosystem [3] [2].
7. Enforcement, practical risks and ambiguities
Enforcement comes through takedown demands, license disputes and potential litigation from the NFL or music rightsholders; while small private showings on a single TV commonly fall within exemptions, commercial displays, multi‑screen events, posting halftime clips online, or using Super Bowl branding create legal exposure — practitioners therefore advise securing business accounts and express licenses for any public or promotional use [4] [1] [3].