Copyright and Yoga Poses
If you are a professional teaching movement in yoga, you will know that originality and creativity are essential if your practice and profession is to continue to successfully evolve. So, what happens when one of your original poses, or movement sequences, is stolen by someone else?
Well! Perhaps one of the most exciting areas of law worldwide (for us, anyway!) is the ability of copyright law to protect original choreography in Dance, Pilates, and Yoga. ‘Original choreography’ can be protected by copyright as dramatic work, in the same way that an artistic or literary work is protected under copyright.
How can I gain copyright protection for choreography as ‘dramatic work’?
Firstly – your sequence of yoga poses must be original – and it must be recorded in material form (ie. written down or documented). You can do this by:
- Notating (choreographic notation) /creating a storyboard of the movement sequence: producing a ‘literary’ work that can be protected; or
- Filming the sequence: creating a cinematograph film.
It is important to understand you cannot copyright an idea. Ideas alone are not protectable under law – there is only copyright of an expression of the idea (which must be documented.) So legally enforceable rights will only attach to your choreography if it is recorded in material form – if it is simply in your head (even if you’ve taught/demonstrated it) you cannot enforce your right to protect it. If you record in notation or on video, you can.
How do I apply for copyright protection?
Copyright protection automatically attaches to original works so you do not need to register for protection. However – you should notify others that copyright protects your work: have a statement on all work (where possible) to the effect of ©yourbusinessname 2018. This should appear on the video made, or written notation of protected sequence/s, and websites containing information about your yoga practice.
Are my yoga moves functional or distinctive enough to justify copyright protection?
Yoga is a form of exercise, is spiritual, and can also be a choreography -like dance… but to establish certain body movements are unique and in need of protection can get complicated. The abstract nature of dance and yoga does make it harder to obtain copyright – however this does not mean it is impossible or not worthwhile.
Who owns the copyright, and what rights does that person have?
The choreographer owns the copyright, unless that choreographer is an employee of a business (such as a yoga studio), and then that yoga studio may hold copyright. Seek independent legal advice to determine ownership (Speak to Jess!).
The owner of the copyright has the right to:
- Deal with the choreography;
- Monetize their work by reproducing the work or communicating it to the public via the internet or public classes/performances;
- Licence the copyrighted work – selling the right to use choreography to other yoga teachers and studios; and
- Take legal action against others who infringe copyright/copy their choreography – so others will need to be careful not to substantially copy or copy distinctive parts of choreography without the owners’ permission.
Copyright protection lasts for the lifetime of the artist/choreographer, plus seventy years after the artist’s death.
What to do if you find your choreography has been copied?
If you do become aware of infringement of your choreography by another person, the best thing to do is act quickly and take enforcement action by asserting your legal rights. This can also serve as a deterrent to to any others potential copycats. Is this something we can help with?
To get in touch with one of our lawyers, you can book a free 15 minute chat here.
This is general advice only. Liability limited by a scheme approved under Professional Standards Legislation.
Published Mar 16, 2018
Go back