Bikram is pissed. And when Bikram is pissy, you can bet he’s suey! The beef between B-Don and Yoga to the People went public a few months ago with the closure of a Penn Station Bikram Yoga location and the subsequent slinging of blame in the direction of YTTP in public letter form. The story’s been on the DL for a while, but it’s finally making the news as Bikram lawyers ramp up their case. Sweaty Daddy Bikram is not happy with his sweaty counterparts making a hot biz over sweaty yoga. In fact, he’s accused Yoga to the People of “directly copying” the Bikram sequence. And so, he’s suing, for a million dollars.
Whoa. What’s the case, you ask?
“The particular class identified in the case is a virtual mirror image of Bikram Yoga and it used virtually verbatim the Bikram Yoga dialogue,” Choudhury’s lawyer, Robert Gilchrest, told DNAinfo, adding that they sent an undercover investigator into a YTTP “Traditional Hot Yoga” class to inspect it prior to filing the lawsuit in California on Sept. 27.
The lawsuit accuses [YTTP founder Gregory] Gumucio of “nam[ing] the class ‘Traditional Hot Yoga’ in order to conceal the fact that the class incorporates and infringes upon, among other things, Bikram’s copyrighted Asana Sequence and Dialogue” — including a strict 90-minute regimen that follows a rigid format of 26 poses performed in a 105-degree room.
So Bikram camp is suing for one million smackers in damages. That’s like 250,000 bottles of mat cleaner spray! YTTP’s Gumucio says the lawsuit is “ridiculous” and maintains that “yoga should be made available to everybody. It should be in the hands of the people, not in the hands of a few.”
Still, a million bucks is a lot to fork over and Gumucio isn’t going down without a fight, or at least a fight for signatures. He’s started a petition over at Change.org asking the question: Can Yoga Be Owned? The petition letter simply states:
Support all yoga being available to all people
I just signed the following petition in support of all yoga being available for all to utilize and share.
Signing this petition says I agree that yoga should be available to all people regardless of economic status. Yoga should not be privatized or owned by individuals or businesses. Yoga asanas and the combinations of those asanas belong in the public domain, available for all to practice and teach.
An interesting tactic that could prove positive in the public eye and yoga community, but we’ll have to wait and see how it holds up in court. (oof. kind of a bummer we had to spew out that sentence). It shall be noted that Bikram has a history of suing studios over hot yoga ganking accusations and while he hasn’t so much won everything per se (aside from receiving substantial monetary settlements), he’s succeeded in at least damaging or aiding in the closure of a few yoga businesses. It shall also be noted that Gumucio was Bikram’s “right-hand man” back when he did the training in 1996, before they had a falling out 5 years later. Stay tuned.
More from YTTP POV at www.yogatruth.org – a blog by Mr. Gumucio.
Is this a worthy case? Is it a bid to “own” yoga?
I love the titles to you posts. LOL!
Of course all yoga is available to anyone, Bikram only requires ownership of his particular sequence of asanas, which is the same as copyrighting a song. The notes are available to everyone, but the composer owns the copyright and should be paid for that.
Not a great analogy. The asanas are not like musical notes, they are like actual songs. Therefore Bikram “owning” the “songs/asanas is like saying he owns a sequence of songs written by others that he plays in a particular order as a D.J.
Bikram is a greedy salesman and nothing more.
Acually Sam this is precisely how Bikram was able to copy write his sequence. Miranda you are absolutely right.
Jai, my argument is that he should NOT have been able to copyright. Just like a DJ can’t copyright the order of songs s/he uses at an event.
McDonalds can’t copyright the hamburger, but they can with the big mac, Bikrams method is much more than 26 postures in order, It’s his whole system, from the way the teachers are taught, to the strick rules on how the studios are run. His system has brought more people to yoga in America than any other, in the end, he will win because he is right. If you don’t study his system and hate him cause you think yoga ‘should be free’, then you will hate him, sorry for you.
You are absolutely right!!! He didn’t created any of the poses! They been around for thousands of years…available to all! Is unreliable he got away with it, and personally I think the yoga community should be insulted and appalled by this. He is greedy and not a true yogi in my eyes.
That sequence itself is a hot, clunky mess. There is no grace whatsoever which, considering the founder, is not surprising.
Good to see YTTP getting [some of] its comeuppance. The donation model is great, but that place is even shadier than Bikram’s den of sweat.
What’s shady about it Jen?
I still do not understand why anyone thinks Bikram’s sequence is so awesome that they want to copy it (much less “the dialogue”).
Also, I do not think anyone is confused into thinking they are taking a Bikram Yoga class when they go to a hot yoga studio.
As a Bikram teacher, I can say, yes they are.
Any practitioner of Yoga.. That is someone who understands what Yoga is, and the difference between acrobatics, knows that Yoga cannot be owned. Understand Yoga and become aware of that which is different and any path can become clear.
In short, Bikram has no “right” to use the word Yoga in any of his sequences because he there are much much much older sources than him. Look deeper into the rabbit hole, its free.
Yoga is definitely free to everyone, Bikram is not forbidding or restricting anyone from practicing yoga. He is, though, rightly-so, asking that his sequence (including dialogue) be respected and acknowledged as his. Bikram does not say that he ‘invented’ or owns yoga; though he did invent, and does own, his sequence and dialogue. Bikram is very humble about the roots of yoga and he acknowledges sources far older and more honored than he. Yoga to the People is certainly welcome to be inventive, creative, and original and go do the same. At the end of the day it is simply about students practicing yoga and bettering themselves. Let Bikram and Greg hash out their differences on their own in court if necessary. Be love, share love, practice love (with whatever form of yoga you want to).
This looks like the perfect test case to test the strength of the Patent_Good Luck Boss!
Bikram might acknowledge the debt he owes those who came before him, but he also misrepresents how much of his individual creativity went into the creation of the series (in his first book he himself says he developed it WITH Bishnu Ghosh; beyond that, a cursory glance at the postures and sequences developed by Ghosh make it clear that even WITH is perhaps a generous interpretation of Bikram’s individual creative contribution). As for the dialogue, it was never written solely by Bikram. It was developed by the many teachers he trained in the early years, with Bikram, Rajashree, and others contributing heftily. Bikram has a history of misrepresenting the facts, a history of behaving whimiscally (and that is a charitable description), and of claiming ownership, authorship, and legal rights where in fact his own are murky. In the case of his copyright, it has yet to be tested in a court of law, and all indicators suggest he has at best a 50/50 shot at sustaining the copyright. In past lawsuits the courts found his claims so thin and flimsy that in fact Bikram dodged a cannonball when he was able to secure out of court settlements, thus preventing a legal ruling on claims so thin and flimsy that Bikram in fact the matter that looked likely to go against him. As of this moment Australian courts have already denied Bikram IP rights for these and other reasons. For what it is worth, they also denied him the right to license his name because in Asia Bikram is as common a name as John is in the West.
But even if you aren’t persuaded that Bikram is over-reaching, over-stating, inflating, and aggrandizing in most of his claims, the simple fact is that as late as 2009 he promised that he would NEVER charge for the use of the series and dialogue, the very thing he now demands studios pay to use. He not only demands that studios pay him, but he wants them to give him their banking info and sign documents that say he can charge anything he wants and change the fees at his sole discretion for any reason. All of which suggests that you can’t believe him or trust his word on anything because he will not only go back on it, he will go back on it in a HUGE way.
If Bikram was in the right, why would he allow his lawyers and HQ to send bullying and dishonest emails to the studios that have for so long supported him and been the feet on the ground in sharing the yoga with people all over the world? Why would he try to force them to sign overly-broad contracts and IP agreements that give him the right to raise fees any time to any amount, to disaffiliate because he no longer likes the owner, or because he likes someone new better (he doesn’t have to give a reason according to his contracts)? And if you are the owner of a studio who refused to sign these unconscionable contracts, you are also getting emails saying Bikram is approving new studios in your area that have signed (setting both studios up for at best terrible struggle, at worst failure, and the destruction of community and lives) and agreed to his wretched terms. If he was walking the right path in all of this,he would not be treating the people who have helped, supported, and loved him in this horrible fashion.
Thank you for this statement, Dawn. I’m not of the Bikram world so I can watch at a safe distance. I will say that as far as I know yoga teachers copy each other all the time. And I’m thankful that Shiva Rhea or Rodney Yee aren’t coming after me. In my teacher training I was taught sequences that I was supposed to take out into the world. But I know that Bikram is his own kettle of fish. Really hate to see this sort of thing in yoga, but really it feels inevitable.
Wait, so if I’m teaching the ashtanga sequence, am I supposed to pay royalties to Sri K. Pattabhi Joi now?
Bikram Choudhery is an asshole.
If Sri K. Pattabhi Joi would copyright his ashtanga sequence you would have to:)))
Bikram is a businessman and that’s why he did that. And now he can sue people who are using his Bikram yoga sequence.
I am from the Bikram world and the problems I see are this:
1. You can’t copyright a sport or a series of exercises that amount to a sport. This is why, say, basketball or hockey can’t be copyrighted. Neither can a recipe. Bikram may have shot himself in the foot by pursuing scientific research to prove that his sequence in his order must be done for maximum health benefits. This moves it from choreography/music (creative license) to a sport or system of exercise pursued for health reasons. This is why, say, a physiotherapist, can’t copyright or “own” a specific sequence of physiotherapy moves used for shoulder rehabilitation. This is why a dentist can’t “own” a dental procedure. A surgeon can’t “own” his or her own surgical sequence for, say, an appendectomy. It can be called a method or sequence after a developer (Roux en Y for example for gastric bypass) but it can’t be “owned” (any licensed surgeon can do a Roux en Y without paying a fee and there is no prohibition on performing these surgeries outside of a ‘designated clinic’ as designated by the developer of the Roux en Y) . Bikram has spent years touting the medical benefits of his sequence which must be performed in a specific order. This moves it away from choreography/creative expression into the realm of exercise or medical procedure. Furthermore, by funding a movement to make it an Olympic Sport, it is clearly not a choreography or creative endeavor. As a sport it cannot be under copyright.
2. By copyrighting a book or two with the sequence in it will not protect the sequence from being used. It is like copyrighting a book on marathon training. You don’t subsequently own the rights to marathons. His book is describing Hatha yoga poses (he’s clear that these poses are Hatha yoga poses), and those poses are in the public domain, no matter what order he presents them in. The order is not under protection.
3. He CAN copyright the dialogue.
4. I’m not sure that his restrictive covenant on his teacher training agreements is enforceable. The key factor is the proviso not to teach outside of a licensed studio, and he alone is the studio licenser. So if you live in an area without a Bikram’s studio and can’t afford to set one up or he doesn’t want you to for whatever reason, you’re pooched. This teacher agreement will be interesting to follow through the courts.
Interesting all the way around, IMHO….
I find it funny how people get so worked up about how others find their version of peace. You’d think with him being a Yogi, he wouldn’t get too worked up about that kind of thing.
It is what it is, I guess.
Yoga is available to all. Why couldn’t Traditional Hot Yoga change it up as to not so closely mirror the Bikram 26? If there was no intention to copy then why was the sequence followed so closely.. Just saying.
Much can be said and much more will be say on this matter.
To see Bikram Choudhury get copyrights on an ancient practice such as Yoga was disturbing,wether on a single pose or a whole sequence of 26 of them together.
Towards which side the law will tilt regarding his law sue against YTTP will be a symptom of modern society where at the end is all about money.
He does not stand for ANY of the eight limbs of yoga. As a practitioner of Yoga (Hatha-Kundallini- Bikram among others) myself i can only hope and trust that the whole yogi community unify is going to wake up and see this fake for what it is.
Should people stop practicing this type of Yoga? Absolutely not..perhaps the answer resides on calling it plain hot yoga and teachers improving their individual skills about the dialogue while giving a class. Whatever works..each teacher had offered me a different insight,approach and support on my personal journey of a yogi.
Sad for the owner of YTTP to have to explain his reasons to offer a better affordable alternative of this practice.
Yoga is UNION..LOVE…PEACE…RESPECT FOR ONESELF AND OTHERS…PATIENCE…SELF IMPROVEMENT…HUMILITY…TRANSCENDENCE, the lack of these personality traits speaks lots of whom Bikram really is and his intentions.
fact that this underwear samurai gets any play in the media is a total joke. Instead of looking like a Yogi…he looks like an idiot.
Who stands like that?? lol its laughable. Ie. I would never pay to become a BiKdouch instructor
what does a real yogi look like?
Objection, Commenters! (sustained)
Ladies and Gentleman of the Jury,
Ancient wisdom, the God-given right to exist and inhabit this realm to perform your karmic duty. You can sit and observe, if you like, its recommended before speaking. In India, in your private American homes, in holy sites of your choosing there exists free yoga! Teach your children, friends, and families every method you know. Go ahead and teach them: for free.
As a capital business, for profit: “Unapproved” Bikram/Yoga a la carte studios (no snobbery or offense intended) are capitalizing from their students by teaching a set method taken from someone else’s specific verbiage, sequence, and manufactured practice environment when that someone (Bikram) has made it perfectly clear and is up front with everyone that he wants to be paid (dues, money, schooling, hazing, however you want to look at it) to earn that right to do so. I can’t think of any other structure in business that requires that of a business person; snark heavily implied. With certain powers combined you form Bikram Yoga. Poof!
Charging for a Bikram Yoga class when the studio in question is not approved to teach it is against Bikram’s wishes. 50+ years he has spent teaching students across the world, at times in a recognizable gimmicky fashion, at others heartfelt and honest. He teaches a method he spent his young life developing, that many people enjoy, that no one else had thought to do at the time.
If you have a moral problem with Bikram’$ presentation and/or personality with the press, at his trainings, or from word of mouth I support your right to expression of opinion. It’s freedom of speech, however informed it is based off of your experience. However, if you do not believe yoga should be a business where instructors and owners make money for a living–your beef is not with Bikram. For the herbivores, the problem is rooted in political and economical structure.
To the asana/song argument: Mozart wrote symphonies. Lucas wrote trilogies. Mozart was then, Lucas is now.
National tv spot:
I’m an apple farmer. The family company that I inherited and renamed is called Nanny-Granny Smiths, the first completely organic apple farm. I specialize in granny-smiths because I love the bitter sweet taste of one when I bite into it (plus the name is funny, it’s catchy!). I come from a long line of apple farmers, and I have to say, my family knows what to do to make the best tasting granny-smiths in the world. Ask anyone who buys them regularly. Its the hard work, discipline, and loyalty to my farm (with awesome and encouraging family support) that makes them that way. Don’t believe me? Come down to my farm and try one from the original tree planted many years ago. Actually, because I believe that you will like my apples so much, I’ll start to deliver them close to you! Look for my tent at your next farmers market. Sorry, we don’t have the capacity to make and manufacture the best red delicious apples the way they should and deserve to be made. We just stick with what we know. I’ve made lots of friends in the organic farming community, so if you like to mix it up I can tell you who has the best goods for what you’re looking for. Remember the name, Nanny-Granny Smiths. We didn’t invent the apple or granny-smith (whoever she is!), just the attention and care it takes to make the best tasting ones. FDIC Regulated.
My opinion of what is actually going on is clearly stated in the first paragraph. You can stop there and walk away informed.
Columbus found America! (well, he started the colonization of non-native Americans). So then America had existed and was inhabited by native-Americans! (actually they didn’t call themselves native-Americans at the time, its complicated, but we’ve all come to accept that’s how we will group that particular group of people). Etc… You weren’t there.
I don’t know what the last paragraph is, take it or leave it. Please forgive my grammar and punctuation if it isn’t up to text book standards.
I doubt that Patanjali would have approved of Bikram !
Much like JC would certainly NOT have approved of the Vatican !
Everyone is so quick to judge Bikram. What people don’t know is that This happens in every Style of Yoga. Last year a M studio sued a “Hot Studio” For teaching Moksha classes. When Baron Baptiste Came He was very sad to see how many studio’s were using his series without being properly trained.
You can now buy a yoga teacher certification online in 3 days . You could have never tried yoga, be physically able to practice or do any kind of physical exercise and yet teach yoga, some don’t even know any part of the human anatomy. With Bikram series copy written it creates accountability for the teachers
i wouldn’t want to be taught by someone who isn’t properly certified in the style that i like and choose to do. there are thousands of variations of postures. If your fighting to use Bikram’s series its because you know it works. Why not just make your own series of postures and see if you can bring in people. Why fight over 26 postures when you can choose from thousands, it just doesn’t make sense.
Be open to every style, Series, and the integrity of that style by looking at its lineage.
All yoga is good yoga!!
If you can’t make your owe series why steal.. it’s wrong no matter what your stealing!
Everyone should shut up, do yoga, love themselves and love everyone else. Show your true character by your actions and the words you choose, Simple!
** Error in the first paragraph**
A Moksha Studio, Not a M Studio
Sounds simple, but you are incorrect. Please read the terms of Bikram law suite. It says you cannot use the poses in any order!
“Due to the originality of the sequence and the strength of the copyright registration, infringement of the sequence copyright can occur in a number of ways. In addition to exact copying of the sequence, the copyright prohibits others from creating “derivative” works of the sequence. Virtually all modifications or additions to the sequence will constitute copyright infringement, including: the unauthorized use of even a small number of consecutive postures; the addition of different postures or breathing exercises to the sequence or portions of the sequence; the teaching or offering of the sequence with or without the Dialogue; or by the addition of extra elements to the sequence, like music.”
Meaning the poses are mine!
I’m going to copyright “light on yoga” BKS Iyengar and sue everbody, apparently it works.
I remember when YTTP was opening this studio. They freely said that the class was called “traditional hot yoga” because they didn’t want to get sued by Bikram — but that it was in all ways Bikram yoga. I agree with the earlier commenter that the most logical route would have been to change to monologue and change up the poses and voila, you have a new approach.
Also, I am curious as to why Bikram would not choose to sue a well-organized business like CorePower Yoga instead? (CorePower has a hot yoga class that is basically described in the exat same language as YTTP’s, and also mimics language I have seen used by Bikram and Bikram studios. If I recall correctly, the phrases “traditional hot yoga,” “26 postures,” and something about “systematically” working the joints/etc. are used in the description.) This would certainly be more profitable, both from a damages standpoint (CPY brings in a ton more money that YTTP ever will) and from a stop-them-from-using-my-material standpoint (CPY has multiple studioes in multiple states, many more locations that YTTP).
Even if we were to all miracuously agree that Bikram has the sole right to teach, license, control, etc. the sequence he uses (as well as his name–but I think we all already agree he should get to control the use of his name!), there is a bigger problem. Copyright law also gives the creator of a “work” (legal term for what you can copyright, so for this discussion it means Bikram’s sequence) the right to limit/control “derivative works.” With some kinds of works, what is a “derivative work” is very clear. For example, if i write a book and then you write a sequel (or I write a book and you turn it into a movie) that’s a derivative work (and copyright law says I can sue to enforce the right to stop you from publishing it, or a variety of other remedies like to take all the profits and get other compensation too). With yoga the line is less clear. What about a sequence that uses the same poses but in a vinyasa flow in a different order? Or does the sequence backwards? Or uses some of the poses in the same order but not all of them?
Caro, Bikram does actually teach and lecture on the eight limbs of yoga (according to my source, who is a Bikram yoga teacher who has studied with him in a small group, in addition to the large scale teacher trainings).
Personally, I don’t get much from Bikram yoga, which is why I no longer attend Bikram classes (I was never a regular attendee, to be fair). My friends do, they find it nourishing, and I am glad they have the option. If you don’t like Bikram’s business methods (and I have to say I would never open a franchise under the terms of his agreement, regardless of the company/person involved) then don’t be a Bikram instructor or student.
I think one of the undiscussed issues involves this scenario: Student loves the Bikram practice so much that she goes to Bikram yoga teacher training. She pays a lot of money for this, including for her housing and the time she has to relocate to the LA area to take the training. Student goes on to become Teacher. Teacher discovers she is uncomfortable with/dislikes/etc. the policies and business procedures in place, and no longer wants to be affiliated with Bikram and that school of yoga. Teacher still thinks she knows how to teach yoga (because she went to the Bikram training and had been teaching), and Teacher still wants to teach yoga, just not with Bikram. Under this scenario, what should Teacher do? In a place like Northern California, where there are a zillion and one yoga teacher trainings, the answer might be go study with someone else. But what if you are in East Podunk? Without any training on how to create your own sequence, what does Teacher do? What options are there beyond pouring a bunch of money into another training (remember, Teacher has to travel from East Podunk to do so) or teaching out of a book or video?
Thanks for the analysis, Elizabeth. It’s as though Teacher received training conditioned upon agreeing to prior restraint of how she could teach in the future. And if she chooses to step outside of that agreement, her training is nullified and her investment is lost. Harsh.
Bikram is just NOT yoga. The only problem with that tecnique is being a fake sistem of yoga. As an exercise, you may or not like it, but it´s quite silly to call it yoga, there´s no esence of yoga anywere… they make to room at 40 degrees to make you sweat and you don´t realise even if you don´t move for the 1.30 hour, you´d sweat just the same… People don´t really think, they just go like “Wow, i worked out so much”. It´s ridiculous! Bikram is marketing, is money, is a swindlers, but our society is so lost and so unconscious that can´t really notice any difference with any other sistem. If you sweat, that´s good. Bikram is basically the ANTI-YOGA, disguised as a yoga practise. They teach in a competitive way and they help unconsciousness to grow, turning a sistem to help u conect, find peace of mind and relax into a competitive and stressing way of sport… But at the end, that´s good… all this people end up finding their need to feel better dissatisfy, and finally they look for some other place where they are treated as individuals, not as an aerobic group. And Bikram couldn´t care less, he lives out of the frial week fee!!!
Its impressive how hatful your words are …
I have some questions for you because you seem to be so informed about whole subject…
Are you an expert on yoga to state “Bikram is just NOT yoga. The only problem with that tecnique is being a fake sistem of yoga”?
FACT:Bikram is a person. Bikram Yoga is a system of Hatha Yoga asanas. Hatha Yoga is a particular system of Yoga and it focuses on “shatkarma,” the purification of the physical body as leading to the purification of the mind (“ha”), and “prana,” or vital energy (tha). *(Wikipedia)
Did you ever practice Bikram Yoga min 3 consecutive times ?
FACT: if you didnt you can not say a word about what it gives to so many people and whats not
How do you know if a person would sweat the same by laying
down in the room temperature of 40 C (105F) or by practicing Bikram Yoga in it?
FACT: some people dont even sweat at the beginning their practice. The more you do Bikram Yoga you sweat more cause your skin pores are open and clean.
Now the final one … Are you objective to this subject to even comment on it or are you expressing your anger through your own ignorance?
peace to you
Gaselle, obviously you make a living out of Bikram and you want to deffend it no matter what. Go ahead, no problem with me. Yes, i have practise Bikram, yes, i felt like a sheep,and yes, no one make any mention about how i should BREATHE, and yes, the teachers would say over and over again “Go further, strech more, come on!!!” NO YOGA, I´M SORRY… He can use asanas, doesn´t matter, where there´s no breathing work, where the encouragement on the class goes to “lift your leg more, strech more”, there´s no yoga esence. The work with the prana happens with the control of your breath, not with lifting your leg further than the person next you you. Gaselle, believe, reading definitions on wikipedia to call me an ignorance is just more of the Bikram actitude…… ANTIYOGA
Again Jose its so easy for you to make assumptions … and so just you know that was the reason to respond to your comment because you made ignorant assumptions … because I can only say that its not true what you say in the first sentence …
at the same time you are getting more specific and therefore I can relate to you with some things you are mentioning that its true that when you are practicing Bikram Yoga you need to do your own study on the postures because in the class you only get dialog from the teacher who will not have time just to correct you.
anyhow your “tone” got softer in this comment so
all the best Jose …
dont be a hater be a lover :)))
Hehehe…. believe me, i´m not a hater, i´m quite a lover… but i also believe in responsability, and i believe u must say “i don´t agree or i don´t believe this is true” without turning into a hater… I am really pasionate about yoga and it really break my heart when i see what i consider “degradation” of such a profound, deep spiritual practise. Still, i apologise for the possible ignorant assumptions! It´s my latin energy, i guess! Best to you, too, Gaselle. :-))
Like any other exercise, a person only experiences full Bikram yoga benefits if he / she is dedicated to the practice. Especially if your goal is to lose weight, you must realize that you need to undergo a long process and consistent effort exerted before you can actually reach your goal.
I think he has a point. The extreme heat and the same poses – its obviously the same thing as Bikram, going under a different name.
It reminds me of when the korean government wanted to put all their martial arts under one umbrella and call it tae kwon do. The master for tang soo do disagreed and had to fight them in court for the independence of TSD. Its not so different. Each style has a right to exist. And Bikram has a right to stand aside from the rest.
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Karma sucks. Bickram deserves every sleepless night.