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 ")

Life In Detroit's 'Agrihood' - The First In The U.S.
'countless tiny brown circles in the green fields ...occasional ruins of ancient cities...' - Philip K. Dick, 1954.

3RDiTEK Lifeblogging Headband Camera
'It's logging anyway - everything you see on duty goes into the black box.' - Charles Stross, 2007.

Robot Lawyers And Robot Judges Now Everywhere
'The law clerk arrived, a smallish robot with a battered stainless steel hide and dull coppery features.' - Frederik Pohl, 1954.

Roam-e Flying Selfie Drone Cam
'Tight mid-shot and pull out on but behind me...' -Karen Traviss, 2004.

 

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

Life In Detroit's 'Agrihood' - The First In The U.S.
'countless tiny brown circles in the green fields ...occasional ruins of ancient cities...'

Artificial 'Hairs' To Enhance Senses Of Robots
'Migul had extended from each of the fingertips an inch-long filament of wire...'

The Point Of View Of An Autonomous Car
'It is safe to say that the new model almost revolutionized America in more ways than one...'

You Can't Lose The Travelmate Autonomous Suitcase - It Follows You
'...follow him as faithfully as a well-trained hound.'

ibotn Toddler-Care Mini-Robot
'She's not like a machine. She's like a person. A living person.'

Nuclear Batteries Based On Diamonds Last Millennia
'they just package it and ship it around to wherever people want it...'

Eighth Sense Emotion-Responsive Cloak
'This sensitivity to mood explains the real popularity of bio-fabrics...'

British Airways To Offer An Ingestible Sensor To Passengers
The modern way to get feedback from passengers.

Unique DNA To Foil Parts Counterfeiters
'... the only molecule, a unique protein amino acid, which could not be duplicated.'

MIT Researchers Predict The Future From Still Photos
'What I have in this camera is not a record of what you did just now but what will go on here in the next half hour...'

Mini Robot Uses 2 mm Surgical Tools
'... surgical tool - blades, tweezers, probes - so fine you could just see them with the naked eye.'

Childhood Dreams Of Space Realized! Space Junk Problem Solved!
'Give the noble daydreams a rest, you preachy rookie. Astronauts are wage slaves like everyone else!'

Writhing Robotic Tentacle Uses Laser To Chop Nuke Hardware
'... long, flexible, glittering tentacles... swinging and rattling about its strange body.'

LBNP Device Not Quite 'Artificial Gravity'
'Joe got out the gravity-simulator harnesses..'

China's XPNAV 1 To Use X-Ray Pulsars For Navigation
'For a hyperspace jump, you need at least four beacons for an accurate fix.'

Artificial Muscle Material Is Self-Healing, Super Stretchy
Battletech!

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.