Copyrighting a kata

[Matt]

This topic came up in a kempo thread, but several organizations have made attempts.

The crux of the question is:
Can you copyright a kata?

Here's some background from 1998 on Rec.martial-arts (usenet)
Post one - Trav is a lawyer.

>It is surprising that more martial artists haven't sought legal
>protection. Clearly, in the United States, we will
>see more martial artists using the law to prohibit others from
>ripping them off.
>
>
>You can copyright a kata.
>
>This would prohibit the performance of the kata
>unless given license (permission)
>by the holder of the copyright.
>
>

Well, not really. You can get a compulsory license to perform any copyrighted
work. The problem here is with whether the kata you do is a "copy" of the
original, or whether it's your own interpretation, thereby being a derivative
work. Also up in the air is whether the performance can actually be
duplicated...it's a "copy" right after all.
I seem to recall a case where NBA players attempted to either copyright or
trademark certain dunks and the court upheld the PTO or Register of Copyright's
decision that the movements were not suitable for protection.

Trav

 

[Matt]

Here's another from the thread. It can probably be searched through google.

From: [email protected] (Martial001)
Newsgroups: rec.martial-arts
Subject: Re: Can you copyright a kata?
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You could theoretically copyright a peformance as an entertainment as a
product, but research if anyone has actually done it and successfully sued for
discontinuation of the performance. Also, what is copyrighted is the actual
name of the performance in relation to the performance given; therefore all you
would need to do is change the name, or use the same name, but give a different
performance.

Copyrights and trademarks are used to show proprietary status for commercial
use.

The Gracies copyrighted their name as a trademark to a martial arts service.

What the ATA have done is copyrighted the names of their forms through their
organization.

No one can legititmately use their names without their permission as saying
they recieved knowledge of "X" techinque from those registered individuals. In
other words, if you state you teach Gracie Jiu-Jitsu (R) or ATA Tae Kwan Do
without their permission they will sue you and win.

I have two copyrights of my own (non-martial-arts related)

Neither have copyrighted the actual techniques. Please search the U.S. Patent
office and consult with a private attorney before anymore specualtion, or
better yet, attempt to copyright your move and see what happens. It will only
cost you about $300 total and a few months.

 

[Matt]

From: "Turtle Press" <[email protected]>
Newsgroups: rec.martial-arts
Subject: Re: Can you copyright a kata?
Date: 10 Jul 1998 21:25:51 GMT
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> [email protected] wrote:
>
> = How can you copyright a MOVEMENT??? A
> > movement that you didn't even CREATE YOURSELF????

Reading directly from the "Copyright Basics" pamphlet issued by the library
of congress, with whom you must register your copyright :

"Section 106 of the Copyright Act generally gives the owner of the
copyright the exclusive right to do or to authorize others to do:
(irrelevant parts skipped)
4. To perform the copyrighted work publicly, in the case of literary,
musical, dramatic and choreographic works. "

It would seem that a form would fall under choreographic works. It also
says that copyright comes into force upon authorship or creation of a work.
So if you make up your own form, you don't need to register it per se with
the copyright office, you would already "own" the copyright by the mere
fact that you created it. However, if you want to sue someone, it helps to
have registered the copyright so that you can prove the date of creation
(i.e "I made it up before you did"). You cannot, however, copyright the
name of a form, just as you cannot copyright the title of a book. Anyone
could copy the name of your form and unless your trademark it, there's
nothing you can do about that.

Oh, and it only costs $20.00 to get your very own copyright certificate
from the loc. In case anyone really cares all of the info is on line at
lcweb.loc.gov/copyright

Cynthia
http://www.turtlepress.com

 

[Matt]

I went to :
http://www.copyright.gov/register/performing.html

This seemed the most relevant area:

Pantomimes and Choreographic Works



Choreography and pantomimes are also copyrightable dramatic works. Choreography is the composition and arrangement of dance movements and patterns usually intended to be accompanied by music. As distinct from choreography, pantomime is the art of imitating or acting out situations, characters, or other events. To be protected by copyright, pantomimes and choreography need not tell a story or be presented before an audience. Each work, however, must be fixed in a tangible medium of expression from which the work can be performed. Note: Sports games and physical-fitness exercises are not considered choreographic works.

 

[arnisador]

You can patent a surgical procedure, but that's different--it's technological.

What part of a performance of a play/musical/ballet can be copyrighted? The music, any dialogue or songs, the performance as a whole if taped--can you copyright the particular staging used? If someone dances The Nutcracker in a certain way, can they copyright those steps so that no one else can? I should think not.

The bit about sports seems applicable here, even if it isn't literally a sport.

 

[Shinzu]

i would say no. if i developed a kata (which i have done already). i would not get offended if others practiced or taught it. it would be a complement to me actually.

if you wanted to get technical the person could change one or two moves and now it becomes a different form. there are too many loopholes in my opinion.

 

[tshadowchaser]

I agree that the "sport" section would come into play. Also it might be hard to prove you created a kata being as they have been done a while. Proveing that you where the first to ever put those moves into that order might be hard. Copy writting an OLD proven kata IE: sanchin would not sem to be possible to many people have one it for to long in many verriations

 

[Andi]

Can't help wondering why you'd want to. I'm all for people protecting intellectual property, but surely wanting to copyright a pattern is a bit...don't want to say greedy because different circumstances blah blah blah...but it doesn't fit very easily with the normal view of MA ethics does it?

I can maybe see why a big organisation might want to if they're involved in some big political stuff. Doesnt sound like a fun game to get into though.

 

[KennethKu]

You can trademark a kata name. But it is all pointless as it is practically impossible to enforce. Besides, what's the big deal about any particular kata anyway? Why don't you pattern, trademark or copyright the way you spit out watermellon seeds?

 

[Guro Harold]

It would be easier to trademark a special kiai or saying actually.

 

[Mithios]

The ata (American tkd assoc.) forms are copyrighted. Mithios

 

[Marginal]

Originally posted by KennethKu
You can trademark a kata name. But it is all pointless as it is practically impossible to enforce. Besides, what's the big deal about any particular kata anyway?

The way the ATA uses it, it keeps instructors from breaking away and using ATA style patterns in their classes without ATA approval. Helps to keep 'em under the organizational thumb.

 

[hapki-bujutsu]

kata's always handed down student to teacher. So had could copy right somthing that is or is based on somthing thousands of years old. I personaly think it is wrong to even try.

 

[Aegis]

Originally posted by Andi
Can't help wondering why you'd want to. I'm all for people protecting intellectual property, but surely wanting to copyright a pattern is a bit...don't want to say greedy because different circumstances blah blah blah...but it doesn't fit very easily with the normal view of MA ethics does it?

Neither do belt factories, but it doesn't stop some places making a fortune out of it.


Anyway, I'm with you on the "greedy" idea. Kata is made up of a series of movements that appear in the arts. It's a training method, nothing else. Could you copyright a skipping routine? More to the point, would you copyright a skipping routine...?

I personally think the idea of copyrighting a kata is ridiculous. It's unlikely that any new kata will contain amazing new concepts of fighting, so essentially what the makers of new kata are doing is cutting and pasting from old works and making them their own. In academic terms: plagerism.