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Thursday, December 29, 2011
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Bikram Loses Yoga Copyright |
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In a small victory won by yoga studios which offer classes resembling Bikram Choudhury’s trademarked 90-minute, 26-pose heated yoga flow, the US Copyright Office has determined that yoga poses and sequences cannot be copyrighted. The decision was reached in response to litigation filed by Bikram against several yoga studios alleged to infringe on copyright laws. Bikram’s lawsuits also claim violation of teacher-certification agreements and trademark infringement, signifying the Copyright Office’s decision will not end the litigation any time soon.
The studios involved in the lawsuits are NYC-based Yoga to the People (YTTP), which was the subject of scathing critiques by a Bikram studio owner earlier this year; Evolation Yoga's studios in Buffalo and Brooklyn, NY; and Yen Yoga based in Traverse City, MI. The suit against YTTP asks for more than one million dollars in damages. YTTP-founder Greg Gumucio and some of the instructors at Evolation and Yen Yoga were former students of Bikram, who claims each studio “violated his copyrights and trademarks as well as limitations on how and where students can teach his method.” In response, the defendants insist their hot yoga differs from Bikram’s trademark flow. Additional forms of yoga are also offered at their studios. Central to the US Copyright Office’s decision is the differentiation between “exercises” (yoga) from “choreography.” Based on the legislative history of the copyright law, acting chief of the Office’s Performing Arts Division, Laura Lee Fisher, notes that exercises, including yoga, “do not constitute the subject matter that Congress intended to protect as choreography. We will not register such exercises (including yoga movements), whether described as exercises or as selection and ordering of movements.” Bikram’s attorney Robert Gilcrest downplays the Office’s decision, commenting “There is a presumption that when a copyright is issued, it is valid.” The US Copyright Office has issued “hundreds of copyrights for exercise videos, but now they’re saying they’re looking at it again and they’ve changed their mind? It is meaningless to this litigation.” To support their cause, Gumucio has created a website, www.yogatruth.org, to offer information about and an explanation of their position, as well as to show opposition to the “privatization” of yoga. He already has nearly 8,000 signatures. In a country famous for copyrighting laws and litigation, this recent decision by the US Copyright Office may be somewhat surprising. Yet it is consistent with a recent decision by India’s government to place more than 1300 yoga asanas (poses) in the public domain by uploading them to the country’s online Traditional Knowledge Digital Library (TKDL). TKDL-creator Dr. V Gupta says “all of the 26 sequences which are part of Hot Yoga have been mentioned in Indian yoga books written thousands of years ago.” Rather than legally challenging Bikram, Gupta notes, this will provide a reference point for patent offices world-wide every time a specific pose is claimed by patent-seeking yoga gurus. Do you think Bikram will win this lawsuit even though his sequence cannot be copyrighted? 5 Comments
Bikram's lawyer is making a mistake comparing the Bikram sequence to a yoga video. A video is copyrighted to keep someone from making a copy and reselling it, i.e. it is the film not necessarily the content that is being copyrighted.
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December 29, 2011
well you are right;but i leaned yoga for free and the whole world is trying to make money off what was once given free, offends me. i do understand the saying the water is free but the plumbing cost . so i dont knock yoga teachers for gaining support for thier work; but to try to gain riches is just wrong and bad karma .namaste
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December 29, 2011
Yoga is to be taught from the heart. Freely was I givin freely shall I give. Real yoga brings wealth that cannot be measured in dollars. I am blessed as is Possum 1969
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January 06, 2012
If Bikram's sequences along with his script cannot be protected by copyright laws then Chopin and Mozart's music is not protected and neither is Lady GaGa's. & notes makes the music and most of the composers/song writers use ancient 7 notes ABCDEFG. So none of the sequences of musical notes can be copyright protected? In this epitome of capitalism of America, why Bikram of anyone else cannot copyright their yoga or dance sequences with strict script or dialogues? It is absurd that same law applies to music and choreography but does not apply to a physical fitness regimented methods. I don't think court would side with the copyright's position once it is challenged at the higher courts. I am an attorney and I know it for fact that Bikram and others who have succeeded in establishing a copyright for their physical exercise routines with very scripted dialogues would retain their copyrights at the end!
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January 30, 2012
MohammedCohen - Please read the article. The US Copyright Office is stating that there is a difference between a series of yoga exercises and choreographed dance movement. It is a subtle difference, but in this case an important one. The defendants are also stating that they are not copying Bikram's sequence and dialogue 100%, so even if he does retain the copyrights he may not win this lawsuit.
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January 30, 2012
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Please consult your health care practitioner before starting a yoga, pranayama or other exercise program.
All contents copyright 2001-2012 Timothy Burgin and Yogabasics.com. All rights reserved. Om shanti peace.
