Intellectual Property Rights
Dear Hope,
I attended a bodywork retreat with a well-known mentor, and we were asked to sign an agreement not to share any information for literally hundreds of years. After the exercises and activities we had to submit journals about our experiences with his new methods. We would also sit and have group discussions about what we were learning. Several months later, I bought my mentor's newest book and it contains all of the things we talked about and I am pretty sure there are actually large sections of my journal in there. Some sections also felt like deja vu so I pulled one of my favourite books off the shelf and it's almost word for word the same thing. I feel like I should say something, but I don't even know if I am allowed to discuss my own experience.
I Am Pretty Sure My Mentor Steals Work
Dear IAPSSMSW,
Thank you for your letter. Understanding Intellectual Property (IP) can be tricky sometimes.
COPYRIGHT
First, let's talk about things you definitely cannot copyright. In addition to practical or utilitarian items like clothing design and toilet paper, no one can copyright a recipe or instructions. Copyright cannot be applied to facts and certain things for which knowledge is inherited (like breadmaking, basketweaving or bellydancing) cannot be copyrighted because the origins are lost in antiquity. Because these things are not currently protected by copyright, they are also not protected from derivative (adaptation, translation, or modification) works. Finally, Copyright does not protect any exercises or physical activity itself. Imagine how someone actually trying to copyright patterned breathing and control of pelvic floor muscles would affect women giving birth vaginally.
Bikram Choudhury therefore lost his appeal to have 26 yoga sequences protected. So anytime you attend a workshop teaching you a fancy new tantra or yoga move, a new bread recipe, or a fancy way to pottery or weave a basket, you may not actually be bound by Copyright law to never use or share the instructions and new techniques even if you have signed a Non-Disclosure Agreement (NDA).
I attended a bodywork retreat with a well-known mentor, and we were asked to sign an agreement not to share any information for literally hundreds of years. After the exercises and activities we had to submit journals about our experiences with his new methods. We would also sit and have group discussions about what we were learning. Several months later, I bought my mentor's newest book and it contains all of the things we talked about and I am pretty sure there are actually large sections of my journal in there. Some sections also felt like deja vu so I pulled one of my favourite books off the shelf and it's almost word for word the same thing. I feel like I should say something, but I don't even know if I am allowed to discuss my own experience.
I Am Pretty Sure My Mentor Steals Work
Dear IAPSSMSW,
Thank you for your letter. Understanding Intellectual Property (IP) can be tricky sometimes.
in·tel·lec·tu·al prop·er·ty
noun
LAW
- a work or invention that is the result of creativity, such as a manuscript or a design, to which one has rights and for which one may apply for a patent, copyright, trademark, etc.
COPYRIGHT
First, let's talk about things you definitely cannot copyright. In addition to practical or utilitarian items like clothing design and toilet paper, no one can copyright a recipe or instructions. Copyright cannot be applied to facts and certain things for which knowledge is inherited (like breadmaking, basketweaving or bellydancing) cannot be copyrighted because the origins are lost in antiquity. Because these things are not currently protected by copyright, they are also not protected from derivative (adaptation, translation, or modification) works. Finally, Copyright does not protect any exercises or physical activity itself. Imagine how someone actually trying to copyright patterned breathing and control of pelvic floor muscles would affect women giving birth vaginally.
Bikram Choudhury therefore lost his appeal to have 26 yoga sequences protected. So anytime you attend a workshop teaching you a fancy new tantra or yoga move, a new bread recipe, or a fancy way to pottery or weave a basket, you may not actually be bound by Copyright law to never use or share the instructions and new techniques even if you have signed a Non-Disclosure Agreement (NDA).
"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," Judge Kim McLane Wardlaw wrote on behalf of the three-judge panel.
TRADEMARKS AND PATENTS
While Copyright generally does not need a formal application, Bikram was able to register a trademark on the name "BIKRAM" but not "YOGA" based on the fact that yoga is a) a commonly used word that b) cannot be demonstrated to appear in the yoga teacher's work first. Patent could protect new technology, such as special yoga blocks (or a time machine) but most of the money would be coming from licensing his name to put on previously designed yoga merchandise. So, a person can teach and practice Bikram-style yoga but cannot advertise it as such so you would have to say "hot yoga."
A NEW TWIST ON AN OLD THEME
As previously mentioned, you cannot just put a new twist on an old theme and Copyright it, but you can protect the expression of those ideas: your writing. For example, many new age spiritualism books engage heavily in the craft of syncretism -which is "the amalgamation or attempted amalgamation of different religions, cultures, or schools of thought." These books are a hodgepodge of mysticism that include ideas, practices, and experiences gathered from a variety of sources then written into one or more volumes that reflect the cumulative perspective and understanding the author has gained while resolving and clarifying his or her own spiritual journey.
While Copyright generally does not need a formal application, Bikram was able to register a trademark on the name "BIKRAM" but not "YOGA" based on the fact that yoga is a) a commonly used word that b) cannot be demonstrated to appear in the yoga teacher's work first. Patent could protect new technology, such as special yoga blocks (or a time machine) but most of the money would be coming from licensing his name to put on previously designed yoga merchandise. So, a person can teach and practice Bikram-style yoga but cannot advertise it as such so you would have to say "hot yoga."
A NEW TWIST ON AN OLD THEME
As previously mentioned, you cannot just put a new twist on an old theme and Copyright it, but you can protect the expression of those ideas: your writing. For example, many new age spiritualism books engage heavily in the craft of syncretism -which is "the amalgamation or attempted amalgamation of different religions, cultures, or schools of thought." These books are a hodgepodge of mysticism that include ideas, practices, and experiences gathered from a variety of sources then written into one or more volumes that reflect the cumulative perspective and understanding the author has gained while resolving and clarifying his or her own spiritual journey.
This is not a unique phenomenon - most writers do indeed write what they know and, as writer Donald J. Murray has said, all writing is essentially autobiographical. And some of the writing, by the way, is really, really good. Fusing together a complex bricolage of ideas and practices inspired by Christianity, Tantra, Yoga, Buddhism, psychology, Egyptian mythology, lost civilizations, alien lifeforms, the Law of Attraction, and elements of new age spirituality and delivering a manuscript to the printer with the hubris of a Brahmin priest is a skill. These variations allow us to connect with the content through the writers' varied perspectives - even if the ideas are not original, the writing certainly is.
Dan Brown's The da Vinci Code does a pretty convincing job of kneading together a narrative that spans the gap between events and concepts that are often conflicting, sometimes historically inaccurate, and almost always impossible to prove or disprove. But The da Vinci Code is written in the style of a classic gumshoe novel and is sold in the "fiction" section, whereas those not meant for entertainment end up in the "new age spirituality" section. While some of these books might be dry or academic and read like the phone book, others are woven together like priceless tapestries - imaginative, exquisitely detailed, and beautifully crafted in such a way that the rework is sometimes better than the original. My friend Natasha Freeman wrote a meticulously researched and beautiful book called The Story of Q if you'd like to check one out - it's definitely more fun than reading an IKEA catalogue!
A NOTE ABOUT INFORMED CONSENT AND NON-DISCLOSURE AGREEMENTS
When people are used for experiments or given any kind of physical, pharmaceutical, or psychological treatment, there is usually a requirement to obtain Informed Consent. This allows the subject to make an informed decision regarding the risks involved with participating such as mental, emotional, physical, or psychological strain, as well as grants permission to having their observations or results shared afterwards.
If ANYONE is trying out new exercise sequences or therapy techniques or whatever without warning you about the potential health risks, you may want to consult with a lawyer about your legal rights, especially if you have experienced trauma. The Nazis did their own fair share of damage, and here is a brief history of some pretty heinous experiments carried out over the years that would never pass an ethics board any sooner than some of the experimental methods some gurus have been reported to employ.
Lastly, an agreement specifying "hundreds of years" and therefore presumably past your own death would likely not be recognized as legal or binding in a court of law - a non-terminating NDA with a non-competition clause is the way to go. While the people being used as guinea pigs can be asked to sign a non-disclosure agreement to protect non-patentable information, this does not preclude them from reporting suspected criminal activity, even if that means they inadvertently reveal trade secrets. Lots of people refuse to sign NDAs, not the least of which is because an idea is (actually) rarely novel - here is a great article explaining the drawbacks and limitations.
Now let's move on to those journal entries you've submitted and someone is using without your express consent.
If ANYONE is trying out new exercise sequences or therapy techniques or whatever without warning you about the potential health risks, you may want to consult with a lawyer about your legal rights, especially if you have experienced trauma. The Nazis did their own fair share of damage, and here is a brief history of some pretty heinous experiments carried out over the years that would never pass an ethics board any sooner than some of the experimental methods some gurus have been reported to employ.
Lastly, an agreement specifying "hundreds of years" and therefore presumably past your own death would likely not be recognized as legal or binding in a court of law - a non-terminating NDA with a non-competition clause is the way to go. While the people being used as guinea pigs can be asked to sign a non-disclosure agreement to protect non-patentable information, this does not preclude them from reporting suspected criminal activity, even if that means they inadvertently reveal trade secrets. Lots of people refuse to sign NDAs, not the least of which is because an idea is (actually) rarely novel - here is a great article explaining the drawbacks and limitations.
Now let's move on to those journal entries you've submitted and someone is using without your express consent.
PLAGIARISM
Plagiarism is the direct and blatant theft of copied or imperceptibly modified text and claiming it as your own without giving credit to the original creator or author. This is the case with Shahid Azam, who stole a student's work and in a weird case of victim-blaming attempted to discredit his student, Arjun Paul, by saying that he himself had written large parts of his student's thesis. The University of Regina is unable to disclose what kinds of punitive measures they took against Azam and APEGS gave him little more than a formal slap on the wrist but, Paul, who would have failed his Masters Defence for doing the same thing, feels vindicated - at least it has been formally acknowledged.
Though ideas may not be protected, we can establish when actual passages of writing have been reproduced without permission or credit. For this to happen, the person claiming to have been plagiarized must prove beyond a doubt that the work is being used a) without credit and b) without permission. If the work is properly cited (short bits), permission has been obtained to use excerpts or substantial portions (long bits) of unaltered text, and/or co-authorship has been granted, no plagiarism exists.
In Azam and Paul's case, CBC's iTeam did a side-by-side comparison and found 24% similarity. If you have copies of both pieces of writing in digital format (online or on your hard drive) the comparison can be done using software, but if not it could be a tedious process if manually tracking the similarities. If you're anything like Paul, you may feel that the agony of investigating for the sake of vindication is a worthy investment. In the case of IAPSSMSW, while he or she may not be interested in proving that others' work was plagiarized, it might be possible to claim credit for your own writing.
WHAT DOES ALL OF THIS HAVE TO DO WITH GURUS?
Because syncretism is intrinsic to new age spirituality in both practice and philosophy, there is a particularly high rate of claims of stolen IP. Alongside Bikram, there seems to be a prevalent trend towards claims of Copyright infringement and plagiarism in the guru world. Go figure, right? In December 2017, Australian fitness guru Ashy Bines was sued for $150,000 for allegedly plagiarizing recipes though it will be interesting to see if the accusation stands - the recipes won't be protected but the wording of the preparation instructions might be. David Lane's book Shabd Yoga Text talks about plagiarism amongst the yoga gurus ad nauseum, Dr. Andrea Diem-Lane has embedded a comparative table between Radhasoami and American gurus Olsen, Twitchell, Thind and Rogers, and the book Controversial New Religions by James R. Lewis and Jesper Aa. Petersen explores claims of plagiarism by the Radhasoami movement against the Movement of Spiritual Inner Awareness (MSIA).
Author Anaiya Sophia claims to have had a lengthy battle with her ex-husband over use of passages from one of his books. She states she had obtained consent to use the section with proper credit prior to submitting the book for publication. As a peace offering she agreed to pay out a sum of money and sign a "confession" to prevent him from pursuing her further. You can read the complete story about her experience with her guru here. She has since written a book about reclaiming her life in the aftermath called Fierce Fierce Feminine: One Woman's Journey to Find Her Authentic Voice that is slated for publication in November of 2018 and has begun gathering together #metoo stories from within her community - if you have one to share, please visit her site.
That's all for tonight, folks. If you're interested in reviewing more case studies, there are tonnes on the World Intellectual Property Organisation's website.
Tune in next time for:
Dear Hope,
I signed up for a workshop but I didn't actually learn anything about the topic, yet I am signed up for three more levels. What's going on?
Though ideas may not be protected, we can establish when actual passages of writing have been reproduced without permission or credit. For this to happen, the person claiming to have been plagiarized must prove beyond a doubt that the work is being used a) without credit and b) without permission. If the work is properly cited (short bits), permission has been obtained to use excerpts or substantial portions (long bits) of unaltered text, and/or co-authorship has been granted, no plagiarism exists.
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| The Visual Communication Guy |
WHAT DOES ALL OF THIS HAVE TO DO WITH GURUS?
Because syncretism is intrinsic to new age spirituality in both practice and philosophy, there is a particularly high rate of claims of stolen IP. Alongside Bikram, there seems to be a prevalent trend towards claims of Copyright infringement and plagiarism in the guru world. Go figure, right? In December 2017, Australian fitness guru Ashy Bines was sued for $150,000 for allegedly plagiarizing recipes though it will be interesting to see if the accusation stands - the recipes won't be protected but the wording of the preparation instructions might be. David Lane's book Shabd Yoga Text talks about plagiarism amongst the yoga gurus ad nauseum, Dr. Andrea Diem-Lane has embedded a comparative table between Radhasoami and American gurus Olsen, Twitchell, Thind and Rogers, and the book Controversial New Religions by James R. Lewis and Jesper Aa. Petersen explores claims of plagiarism by the Radhasoami movement against the Movement of Spiritual Inner Awareness (MSIA).
Author Anaiya Sophia claims to have had a lengthy battle with her ex-husband over use of passages from one of his books. She states she had obtained consent to use the section with proper credit prior to submitting the book for publication. As a peace offering she agreed to pay out a sum of money and sign a "confession" to prevent him from pursuing her further. You can read the complete story about her experience with her guru here. She has since written a book about reclaiming her life in the aftermath called Fierce Fierce Feminine: One Woman's Journey to Find Her Authentic Voice that is slated for publication in November of 2018 and has begun gathering together #metoo stories from within her community - if you have one to share, please visit her site.
~~~
That's all for tonight, folks. If you're interested in reviewing more case studies, there are tonnes on the World Intellectual Property Organisation's website.
Tune in next time for:
Dear Hope,
I signed up for a workshop but I didn't actually learn anything about the topic, yet I am signed up for three more levels. What's going on?
