Are Yoga Poses Copyrightable?
Introduction
Yoga is an ancient practice which incorporates breathing exercises, meditation and poses (or Asanas) devised to enhance physical and mental well-being[1]. The term ‘Yoga’ originated from the Sanskrit term ‘Yuj’ which means ‘to unite’. It is believed to have originated in the Indus Saraswati Valley civilization before 2700 BC. While nobody knows who invented Yoga Asanas, the Yoga Sutras compiled by the Indian sage Patanjali are considered to be one of the earliest organized resources on Yoga Asanas. This uncertainty raises the question as to whetherYoga Asanas be copyrighted?Through this article we try to answer the question.
Yoga poses and copyrightability
The question of the copyrightability of Yoga Asanas has two aspects- the copyrightability of a new Asana and the copyrightability of a new type/ sequence of Yoga Asanas.
So far, there has not been any case pertaining to the copyrightability of a new Yoga Asana. Even if any such a case arises, there is possibility of such an Asana being denied copyright protection due to the doctrine of merger. Generally, as per the doctrine of idea-expression dichotomy, the expression of ideas is copyrightable, not the ideas in themselves. But, as an exception, the doctrine of merger provides that if the expression of an idea is merged with the idea itself, then such an expression can also be denied copyright protection. This phenomenon happens when there are only limited ways to express an idea. The absence of this doctrine would defeat the very purpose of copyright law. So, there is a limited possibility of individual Asanas getting copyright protection even in future.
[Image Sources : Shutter stock]
Before discussing about the copyrightability of a new type/ sequence of Yoga Asanas, let’s understand what Yoga asanas actually are. Asanas are the physical body positions or poses of Yoga. They are performed either in a static position or a dynamic movement. The Hatha Yoga Pradipikawritten by Svatmarama, is one of the oldest manuals on Yoga; it identifies 84 asanas. Over time, more manuscripts were written about Yoga Asanas, specifically naming each one of them. Many Asanas are named after the person who wrote about them, the body alignment that they represent, or the natural object that the Asana takes inspiration from. So, it is extremely difficult to exactly determine when or by whom any Yoga Asana was invented. The knowledge of Yoga Asanas has been passed on to us by the Vedic scriptures and the Yoga teachers like Maharishi Mahesh, Swami Sivananda, etc.
As per the Copyright Act of 1957 (hereinafter referred to as ‘the Act’) and several landmark cases like R.G. Anand v. Deluxe Films (1978), to qualify for copyright protection in India, the work must fulfil two essential requirements:
- Originality and copyrightable subject matter: Copyright subsists in only original literary, dramatic, musical and artistic works and cinematographic films and sound recordings.
- Fixation: The work must be fixed in a tangible medium. No copyright subsists in an idea, subject matter, theme, narrative, etc.
Yoga Asanas may fall under the category of ‘dramatic work’ under Section 2(h) of the Act, which defines dramatic work as “any piece of recitation, choreographic work or entertainment in a dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does not include a cinematographic film”.
However, the contention of Yoga Asanas falling under the category of ‘dramatic work’ was invalidated in the case of Institute for Inner Studies & Ors. v. Charlotte Anderson &Ors. (2014). In this case, the Plaintiffs represented a company that carries on the business of teaching Pranic Healing and Esoteric Sciences. They sued the Defendants for violating the licensing agreements signed between them, by conducting courses, issuing certificates, and selling materials about Pranic Healing without the authorisation of the Plaintiffs. The Plaintiffs claimed that they hold intellectual property rights in the Pranic Healing Techniques. The Defendants relied on the following notable arguments:
- The concept of Pranic Healing is pre-existing in the public domain for time immemorial, making it “public knowledge”, which cannot be copyrighted;
- Pranic Healing is a process or method, which is not protected under the Act;
- The Copyright Office (Library of Congress, USA) has clarified that Yoga poses and routine exercises are not protected as a compilation under the US copyright law;
The Delhi High Court held that techniques of Pranic Healing do not fall within the ambit of dramatic work under the Act, because for a work to be called dramatic work, there should be certainty of the performance in the manner conceived by the author. Pranic Healing failed to fulfil the condition. In this case, Pranic Healing was considered a facet of Yoga, which has been in use for centuries. It was held that mere compilation of Yoga Asanas would not get copyright protection under the disguise of original work of authorship.
Ultimately, in the aforementioned case, a facet of Yoga named Pranic Yoga failed to avail protection under the Act. So, as far as the Indian jurisprudence in the matter of types of Yoga Asanas’ copyrightability is concerned, the forms or facets of Yoga Asanas cannot be protected under the Act. That is because just like Yoga, every facet of Yoga is merely an idea, which, if copyrighted, will prevent everyone from practising Yoga.
Also, it is worth noting that copyright protection is not available to the manner, method, or system of doing a task. It is understandable by considering the case of Baker v. Seldon (1879). The plaintiff had written a book wherein he enumerated a simpler and more efficient system of book-keeping by using some arrangement of columns and headers. The appellant, Baker, wrote a book that explained a different system of book-keeping which attained results similar to that of Seldon’s, but in a different manner. The US Supreme Court held that the ‘art’ or ‘concept’ depicted in the book is an idea, which can not avail copyright protection. Similarly, a system of doing Yoga can not be protected under copyright laws.
The Case of Bikram Yoga
Any discussion on the copyrightability of Yoga Asanas is incomplete without talking about the case of Bikram’s Yoga Coll. of India, L.P. v. Evolation Yoga, LLC (2012). In this case, Bikram Choudhury, the founder Bikram Yoga, claimed that his sequence of 26 Yoga Asanas and breathing exercises performed in a 104-degree room for 90 minutes was a unique and original work that deserved copyright protection as a choreographic work. However, the US Court of Appeals for the 9th Circuit in California denied such a protection, stating that sequences are not a copyrightable subject matter because it was an idea, process, or system devised to improve health. It wasn’t the expression of an idea.
Conclusion
As far as the copyrightability of Yoga Asanas is concerned, both the Indian and American jurisprudence agree that Yoga is an idea and that no type or sequence of Yoga Asanas is protected under the Copyright law. However, the question as to whether an individual newly invented Yoga Asana is copyrightable or not is still a grey area. That is because no court has so far encountered a case wherein copyright protection for an individual Asana was claimed. Ultimately, though an Asana or sequence/ type of Yoga cannot be copyrighted, the expression of the same in the form of a book, photograph, video, etc. qualifies for copyright protection.
Author: G.B. Vishwa, A Student at SRM School of Law, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing
References
- Protection Of Compilations: Are Yoga Poses And Dance Moves Copyrightable? (forbes.com)
- Yoga and copyright (wipo.int)
- Yoga (ayush.gov.in)
- https://casetext.com/case/bikrams-yoga-coll-of-india-lp-v-evolation-yoga
- https://indiankanoon.org/doc/6236790/
- https://indiankanoon.org/doc/1734007/
[1]Explore The Ancient Roots of Yoga — Google Arts & Culture
[2]The Hatha Yoga Pradipika • Yoga Basics
