March 2004
Yoga guru loses calm in copyright battle
Bikram Yoga has long been popular with the rich and famous, a technique based around 26 particular postures performed in temperatures of up to 40 degrees. So much so that the popularity of this niche of the yoga market has spread. Many studio owners around the world have set up studios offering Bikram yoga.
In the USA it is possible firstly to register copyright and secondly to obtain copyright protection for a wider scope than simply words, images, sounds etc including, apparently yoga positions. Bikram Choudhury registered his 26 set poses along with breathing exercises and the performance of the routine in temperatures exceeding 100 degree Fahrenheit. What has annoyed many yoga practitioners has been the fact that Mr Choudhury only recently registered copyright in the poses but is claiming rights as far back as the 1970's.
It has been alleged that Mr Choudhury is now pursuing any studio in the world referring to Bikram Yoga or using his sequence of poses. His letter before action apparently insists that to avoid court action the recipient must comply with a series of requirements including:
· Attend a Bikram Yoga instructor's course at a cost of $5,000
· Franchise and royalty fees
· Rename the studio as "Bikram's Yoga College of India"
· Teach only Bikram yoga and no other form of yoga
· Not play any music
· Use only approved dialogue in lessons
· Pay fines based on alleged infractions of the new agreement for example $50,000 per infraction of the rules above.
However Choudhury's recent behaviour has upset many within the yoga community, partly as the overtly litigious stance seems somewhat at odds with the philosophies behind yoga, but more because he has permitted many of his teaching in yoga studios for at least 20 years without raising complaint previously.
What is clear is that no one denies that Bikram yoga is based upon ancient traditions and techniques which is why many believe that the positions are something that belong to the world as a whole and cannot be proprietary to one individual.
BRIFFA Comment:
Whilst it is clear that in the USA Mr Choudhury is clearly spending a great deal of money in asserting his intellectual property rights with a good deal of success (so far most of the studios have either paid up or closed down) it is important to look at the commercial implications of his actions.
We would always advise you to assert your intellectual property rights wherever possible as they are a valuable asset to your business. However this must be done in the right way. It is possible that in the UK the courts would not countenance a claim to monopoly rights in a yogic posture and before embarking on costly litigation all avenues should be explored. Although there is a time and a place for litigation Sometimes an amicable settlement can be reached.