Chris Hadfield, Space Oddity And Space Lawyers

When Chris Hadfield sang David Bowie's classic Space Oddity on the deck of the International Space Station, fans around the world went wild. However, when Hadfield returned to Earth a few days later, many people had questions about copyright provisions in space.


(Chris Hadfield Space Oddity)

The song "Space Oddity" is under copyright protection in most countries, and the rights to it belong to Mr Bowie. But compulsory-licensing rights in many nations mean that any composition that has been released to the public (free or commercially) as an audio recording may be recorded again and sold by others for a statutorily defined fee, although it must be substantively the same music and lyrics as the original. But with the ISS circling the globe, which jurisdiction was Commander Hadfield in when he recorded the song and video? Moreover, compulsory-licensing rights for covers of existing songs do not include permission for broadcast or video distribution. Commander Hadfield's song was loaded onto YouTube, which delivers video on demand to users in many countries around the world. The first time the video was streamed in each country constituted publication in that country, and with it the potential for copyright infringement under local laws. Commander Hadfield could have made matters even more complicated by broadcasting live as he sang to an assembled audience of fellow astronauts for an onboard public performance while floating from segment to segment of the ISS.

That is because the space station consists of multiple modules and other pieces (called "elements") under the registration of the United States, the European Space Agency (ESA) consortium, Russia and Japan. The agreement governing the ISS makes it clear (in Article 5) that the applicable laws, including those governing IP rights, depend on which part of it an astronaut is in. This is most relevant when astronauts conduct science or write accounts of their work, whether for public or private parties, although equally true during their off hours. The audio and video seem to have been recorded in the Destiny module, owned by America's space agency, NASA, the Cupola, which previously owned by the ESA (and would thus have been governed by European law) but was transferred to NASA in 2005, and the Japanese Experiment Module, developed by Japan's aerospace agency, JAXA. The video was transmitted to Canada (probably through ground stations around the globe), where Mr Bowie's former bandmate Emm Gryner added a piano accompaniment and others edited and produced the final product.

But recording a private performance does not violate any laws; a violation only occurs if the material is publicly distributed. Had the song been broadcast from space, Mr Bowie's lawyers would have been entitled to seek redress in Canadian, American and Japanese courts, in addition to any objections they might have raised based on YouTube views elsewhere.

In this particular case the matter is straightforward because Commander Hadfield had obtained permission to record and distribute the song, and production and distribution was entirely terrestrial. Commander Hadfield and his son Evan spent several months hammering out details with Mr Bowie's representatives, and with NASA, Russia's space agency ROSCOSMOS and the CSA.

Nat Schachner created an early science-fictional space lawyer for several 1941 stories, including Jurisdiction, which appeared in the August issue of Astounding Science-Fiction.

"Young Kerry Dale? Yes, sir, he blasted off four Earth-days before. In what? Why... uh... seems like the young fellow had bought himself an old tramp freighter and fitted it out for salvage operations. Had incorporated himself, in fact, under the laws of Vesta. Mighty flexible and generous, the Vestan corporation laws, sir. Nothing like those of Earth and Mars. Initial fees nominal, sir, and the taxes are practically nothing."

Via Economist.

Scroll down for more stories in the same category. (Story submitted 5/27/2013)

Follow this kind of news @Technovelgy.

| Email | RSS | Blog It | Stumble | del.icio.us | Digg | Reddit |

Would you like to contribute a story tip? It's easy:
Get the URL of the story, and the related sf author, and add it here.

Comment/Join discussion ( 1 )

Related News Stories - (" Culture ")

Lumo Projector Turns Kids Rooms Into Bradbury's Veldt
'The walls began to purr and recede... and presently an African veldt appeared...'- Ray Bradbury, 1951.

Hologram Protest World's First
'Their bodies were in their dwelling cells, but their telucid images filled the hall.'- RF Starzl, 1931.

Norlin Shoe Drone Robot UAV In-Store Delivery Thing
'Robot-salesmen were everywhere, gesturing, pleading, shrilling.'- Philip K Dick, 1954.

Brand Killer Helmet Blocks Real-Life Ads
'Some merely held the holos [ads] at arm's length.'- John Varley, 1977.

 

Google
  Web TechNovelgy.com   

Technovelgy (that's tech-novel-gee!) is devoted to the creative science inventions and ideas of sf authors. Look for the Invention Category that interests you, the Glossary, the Invention Timeline, or see what's New.

 

 

 

 

 

Current News

Hackers Can Take Control Of Cars From Anywhere In The World
'The car faltered as the external command came to brake...'

Armed Drone Opens Fire
'Each a television eye and a sonic stunner...'

Robotic Exoskeleton Releases Man From Wheelchair
'This man was standing on two corrugated-soled titanium footplates...'

Oh, Just Let Robots Run Airports
I'd like a friendly robot to help me at airports.

How Smart Should AI's Be Allowed To Get?
'Every AI ever built has an electromagnetic shotgun wired to its forehead'

NASA Misses $5Trillion Funding Boost
'This must be a golden planet—this little asteroid.'

Kuwait Creates Mandatory DNA Database For Citizens
And who has the largest DNA database on its citizens?

Please, Please Let There Be Regenerated Teeth
'Toothbud transplants...'

Google AI 'Deep Dreams' Kubrick's 2001
'I was only trying to do what I thought best....'

The BLITAB: First Tactile Tablet for Blind People
Absolutely amazing development - now blind people can read the web!

Why, Oh Why, Must We Develop Robots That Run Faster Than I Do?
'The legs are long, curled way up to deliver power, like a cheetah's.'

Golf Robot Putts Out
'The robot solemnly hit a ball against the wall, picked it up and teed it, hit it again, over and again...'

Computer Finds Cancer Doctors Miss
The computer will see you now.

Would Robot Taxis Ease Carbon Emissions?
'He emerged and flagged down a robot taxi...'

Brainwaves As Biometric Identification
'The doors of Mr. Lars, Incorporated, shut, tuned as they were to his own cephalic pattern.'

What-If Machine Concocts Creative Premises
'Books were just a commodity that had to be produced, like jam or bootlaces.'

More SF in the News Stories

More Beyond Technovelgy science news stories

Home | Glossary | Invention Timeline | Category | New | Contact Us | FAQ | Advertise |
Technovelgy.com - where science meets fiction™

Copyright© Technovelgy LLC; all rights reserved.