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 ")

China's Artificial Intelligence-Enhanced Education
'The grey gas not only cut off his vision, but also his other senses...' - James Blish, 1951.

France's 'Red Team' Of Science Fiction Authors
'They're the only experts we have.' - Niven and Pournelle, 1985.

BrainNet Triple Telepathic Gaming Threat
'In the gloomy half-darkness the three idiots sat babbling.' Philip K Dick, 1956.

Project Dylan - Amazon's Voice-Activated Wearable That Recognizes Human Emotions
Life imitates anime art.

 

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

China Deploys Robot Traffic Police
'The robot came up smooth and fast as a rocket...'

Better Than Dune Chromoplastic? This Guy Might Have Done It
'But when Old Father Sun departs, the chromoplastic reverts to transparency in the dark.'

Gather, An AI Warehouse Inventory Drone Startup
'It extended three of its tiny arms sideways to lock onto the registration pins...'

China's Artificial Intelligence-Enhanced Education
'The grey gas not only cut off his vision, but also his other senses...'

Orbital Manufacturer 'Made in Space' Gets $73 Million NASA Contract
'Mass-produced in the orbiting factories...'

Soli Gesture Tech Will Be In Google Pixel 4
'I enjoy watching this way, but - He waved his hand and the circuit switched abruptly.'

Uber Eats Pairs Cars With Drones
Fresh grub? Let's hope they aren't delivering grubs.

Space-Based Solar Power Roundup
SF writers popularized and elaborated on this idea a generation before the first patents were filed.

Lost Language Meanings Found By Machine Learning
'The autopilot would need data before it could begin a translation...'

'Aerogel' Sheets For Martian Gardens
'Sealed to the ground along all the sides, Honey, he growled...'

France's 'Red Team' Of Science Fiction Authors
'They're the only experts we have.'

Dim The Sun With Stratospheric Controlled Perturbation Experiment
'Those twin volcanoes; d'ye see them, Mr. Renner?'

Mashambas Skyscraper Farm Design Wins
'...a towering eighty-story structure like the office In-and Out baskets stacked up to the sky.'

Self-Driving Tractors From China Plan Ahead
'Machines that seemingly with full consciousness walked out into the fields to do their daily work.'

Jet-Powered Hoverboard Works!
L'audace, l'audace, toujours l'audace!

Nobe 3-Wheel Electric Vehicle Parking Like I, Robot
Spidercar, Spidercar, does whatever a spidercar does.

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.