Bikram’s Yoga is not copyrightable, says Ninth Circuit

The US Court of Appeals for the Ninth Circuit has rejected a claim that a series of yoga sequences is protected by US copyright law.

Yesterday, October 8, the ninth circuit affirmed a judgment by the US District Court for the Central District of California that Bikram Choudhury, founder of Bikram’s Yoga College of India, has no claim to protect his method of yoga.

At the centre of the dispute are 26 yoga sequences and two breathing exercises created by Choudhury. After moving to the US from India in 1971, Choudhury developed his yoga sequences, which are referred to as Bikram’s Yoga.

Bikram’s Yoga requires participants to complete the sequences in a 90-minute exercise in 105ºF (41ºC). Choudhury published the book “Bikram’s Beginning Yoga Class” in 1979, which outlines all the sequences to be completed in a specific order.

In 2009, Mark Drost and Zefea Samson founded Evolation Yoga, which provides classes on hot yoga. Hot yoga also contains 26 sequences and breathing exercises, and is conducted in 105ºF.

Choudhury sued Evolation in 2011 alleging infringement of his yoga sequences. The district court disagreed and granted Evolation’s motion for partial summary judgment.

Choudhury appealed against the decision, but was also unable to persuade a three-judge panel on the ninth circuit that the sequences were protected under copyright law.

Instead, Judge Kim Wardlaw, writing the opinion, said Choudhury was claiming protection for an idea, not an expression, and that the sequences are therefore ineligible for protection under US law.

“That the sequence may produce spiritual and psychological benefits makes it no less an idea system or process and no more amenable to copyright protection.

“Because copyright protection is limited to the expression of ideas, and does not extend to the ideas themselves, the Bikram Yoga sequence is not a proper subject of copyright protection,” she added.