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 ")

Save Your Brain's Connectome, Upload Yourself Elsewhere
'You've got remote storage. How regular is the update?' - Richard Morgan, 2003.

TMS Decreases Belief In God, Increases Belief In Immigrants
'... Setting up the same currents, the same basic ideas, in them all.' - Edmond Hamilton, 1938.

Blockchain Used To Verify Election Results
'Any adult could punch into the phone his or her code, followed by a yes or no.' - John Brunner, 1975.

We Could Downgrade Puerto Rico - And Thereby Save It
'It was cheaper to pay the refugees to go without up-to-the-minute equipment.' - John Brunner, 1976.

 

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

Las Vegas Humans Ready To Strike Over Robots
'A worker replaced by a nubot... had to be compensated.'

You'll Regrow That Limb, One Day
'... forcing the energy transfer which allowed him to regrow his lost fingers.'

Elon Musk Seeks To Create 1941 Heinlein Speedster
'The car surged and lifted, clearing its top by a negligible margin.'

Somnox Sleep Robot - Your Sleepytime Cuddlebot
Science fiction authors are serious about sleep, too.

Real-Life Macau or Ghost In The Shell
Art imitates life imitates art.

Has Climate Change Already Been Solved By Aliens?
'I had explained," said Nessus, "that our civilisation was dying in its own waste heat.'

First 3D Printed Human Corneas From Stem Cells
Just what we need! Lots of spare parts.

VirtualHome: Teaching Robots To Do Chores Around The House
'Just what did I want Flexible Frank to do? - any work a human being does around a house.'

Messaging Extraterrestrial Intelligence (METI) Workshop
SF writers have thought about this since the 19th century.

Nanorobots Roam Your Bloodstream, Cleaning It
Too bad they won't have lasers, though...

Galini 3D Printed Sleeping Pod Tiny Houses
'The houses are prefabricated units...'

MIT Boffins Create Psychopath AI On Purpose
There's a lesson in this for neural net AI engineers everywhere.

Skin Electronics 3D Printed
'June's body is a tracery of lambent lines, like some arcane capillary circuitry...'

Artificial Sensory Neurons For Prosthetics, Robots
Great for humans and robots!

China Uses Artificial Intelligence To Grade Student Papers
Looks like the City Fathers are starting to take over China's education system.

Electronic Tongues Will Rule The Kitchen
'Install taste buds in the end of one tentacle...'

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.