Copyright and Martial Arts

[wingsandsword]

A question for all the Copyright and other IP law issue savvy people here:

One of my big interests is the martial arts, and one thing I'm noticing as a pattern in some arts is making me wonder about what can be copyrighted and how protected it can be.

Now, most martial arts have some copyrighted elements. Whether it is just their textbook or their exact curriculum, but I've now run across two widespread schools that copyright their exact moves.

Okay, so if they are copyrighting their techniques and kata, what degree of protection does that give them. One school I've run across makes the prohibition so great that you cannot even show your friends your moves informally. No going out into the backyard and showing your friends your neat moves, and never, ever are you allowed to let anybody record the techniques on video. Allowing that would be grounds to be immediately expelled from the school, and according to the schools, possibly sued for copyright infringement.

Some schools that insist on these protections say it's to keep their secret techniques secret and to prevent people who are not students of their school from learning their secret techniques. Now, a common reply in regards to this in other martial arts schools is that this is to keep students in the dark as to what they are learning by making it hard to compare and critique schools or teachings.

It also makes me wonder about copyright durations. If a school is claiming that a technique or kata is some centuries or millennia old secret from China, Korea, Okinawa or Japan or wherever can they suddenly slap a copyright date on it even though they say it's been around for 1000 years?

So, to the people here knowledgable or interested in IP law, does this sound like it would be legitimate?

 

[Morrus]

The actual text in their textbooks is copyrightable. Names of the organization, and even the movements/techniques/kata may be trademarkable if they came up with them themselves.

The movements are not.

Conditions of membership in their organization can well include strandards of conduct, ncluding specifying what you may or may not show people, but this has nothing to do with IP laws.

 

[Thornir Alekeg]

Names of the organization, and even the movements/techniques/kata may be trademarkable if they came up with them themselves.

And they have to be prepared to vigorously defend the trademark if they expect to maintain it (the reason for many seemingly silly trademark lawsuits from large corporations).

 

[WhimsyTheFae]

Just challenge the head of the dojo to test the effectiveness of their secret moves. Don't worry, nothing could go wrong with this strategy.

Just make sure to use the words "crackerjack box", "my grandma move faster" and "daniel-son" when making the challenge, as those are universal codes for honor and respect in the martial arts culture. Honest.

 

[Pbartender]

And they have to be prepared to vigorously defend the trademark if they expect to maintain it (the reason for many seemingly silly trademark lawsuits from large corporations).

Fortunately, martial arts dojos can defend their trademarks with ninjas who have learn super-secret ass-kicking techniques.

 

[Pyrex]

A
It also makes me wonder about copyright durations. If a school is claiming that a technique or kata is some centuries or millennia old secret from China, Korea, Okinawa or Japan or wherever can they suddenly slap a copyright date on it even though they say it's been around for 1000 years?

So, to the people here knowledgable or interested in IP law, does this sound like it would be legitimate?

Disclaimer: IANAL, but I do work in the software industry, and so I try to read up on IP law when time permits...

There's a whole big tangle there and a lot of mis-application of copyright law. A lot of it because people in the copyright offices don't take the time to understand what they're granting a copyright on.

In general though, people claiming copyright protection for stuff like martial arts maneuvers (there have been similar problems with Yoga recently as well) probably don't actually have a copyright (or have only copyrighted a particular name); and the ones who do won't be able to successfully defend it in court due to prior art.

(of course, many of those won't *have* to try and defend it in court because the threat of a court battle scares most people off)

Morrus has it right though. They can copyright their textbook, and trademark the Eagle Dojo Ass-Kicking Dance(TM), but even if they *got* Copyright (or Trademark) protection on, say, the Roundhouse Kick it would be totally unenforcable.

 

[Rodrigo Istalindir]

It would be an interesting case. Dances can be copyrighted, and it's arguable that the particular moves of a martial arts tradition are essentially the same type of 'kinetic performance'.

OTOH, you are paying them to teach you, which might cause it to fall under the 'work for hire' umbrella.

 

[LightPhoenix]

I'm not a lawyer, so I can't really comment on the legality of copyrighting moves.

What I will comment (or rant, as you see fit) on is the disturbing trend I've seen in martial arts schools over the last couple of decades. I have nothing against a dojo being run as a business. However, there's a growing amount of scummy economic behavior going on as more schools are created solely to make money, and not to teach. They'll give out ranks easily, just to attract people and get them to pay more money. This copyright thing sounds like another profit-making scam.

All of the good schools I've been to are more than happy to let people watch the black-belt classes, offer free intro classes, and ask plenty of questions to be answered honestly. In other words, they're running a business, but they're doing it because they want to teach, not just make money. Unfortunately, these schools are getting harder and harder to find as the crappy money-grubbers give the whole sport a bad name and drive them out of business.

 

[Pyrex]

It would be an interesting case. Dances can be copyrighted, and it's arguable that the particular moves of a martial arts tradition are essentially the same type of 'kinetic performance'.

Gotta be careful where you split those hairs.

You can't just go out and Copyright Hamlet. Not only because you aren't that work's creator, but because it's long since lapsed into the public domain.

You can, however, perform Hamlet, film the performance, and then copyright your performance of Hamlet.

The same, in essence, goes for matial arts maneouvers.

 

[Alan Shutko]

Also, from http://www.copyright.gov/register/pa-pantomime.html

Note: Sports games and physical-fitness exercises are not considered choreographic works.

Even if they were, it would only copyright the full work, probably at least a kata. A given move is just too short to copyright. And, the work needs to be expressed in a fixed form from which you could perform it. Does that sound like your average martial art? Nope.